logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.11.06 2015고합322
준강도미수
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 31, 2015, around 19:30, the Defendant was dismissed from the victim F (54 years old) who is a security guard performing patrol duty while opening a gate at the 3rd floor of the stadium operated by the victim E, which is located on the northwest side of the stadium in Suwon-gu, Suwon-si, Suwon-si.

In order to bring the victim F into force and escape arrest, the Defendant: (a) committed assault on the wall of the victim F, fating the fat, fating the fat, and fating the fat; and (b) fating the fat on the wall; and (c) assaulting the head of the fat.

Accordingly, the defendant attempted to steals the victim E's property, and assaulted the victim F for the purpose of evading arrest.

Summary of Evidence

1. Each legal statement of the witness F, G, H, I, J, K, E, L, M, or N;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement by the prosecution against F and K;

1. Statement of each police statement to F and J;

1. Each written statement of E, K and M;

1. The police seizure record and the list of seizure;

1. On the spot and the victim's photographic photo, on-site CCTV photographs, on-site photographs, and records of seized objects;

1. Inventory of inventory materials;

1. Results of appraisal;

1. Determination as to the assertion of the defendant and his defense counsel by the investigation report (Evidence List Nos. 26,37)

1. The gist of the assertion is that the Defendant did not match the date and time as indicated in the judgment, and did not assault F.

Even if the defendant used F in a store store store as stated in the judgment of the court, the defendant did not have any criminal intent to commit theft since he was in office with the D stadium as in the usual book, and the defendant did not have any criminal intent to commit theft. Since the defendant was in office in the store store but did not engage in the physical coloring act, it cannot be said that the commencement of larceny was not occurred. Accordingly, the defendant does not constitute larceny, which is the principal agent of the quasi robbery.

2. Determination

A. First, as to whether the Defendant assaulted F with F, at the time of the entry in the judgment, from the warehouse of the stadium store.

arrow