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(영문) 서울동부지방법원 2014.04.04 2014고합46
특수강도미수
Text

A defendant shall be punished by imprisonment for two years.

excessive one sheet (No. 1), one electric cable (No. 2), and blue tape, seized.

Reasons

Punishment of the crime

In order to raise the living expenses, the defendant prepared a stock-raising box, excessive amount, and hearing tape at the main place operated by a female mixed person in order to forcibly take property.

On February 12, 2014, at around 04:25, the Defendant entered the E-ju shop operated by the victim D (Inn, 43 years of age) in Gwangjin-gu Seoul Special Metropolitan City, as he was a guest, and laid down the door with the left hand after locking the victim’s bloth, and carried with the victim’s bloth, which is a deadly weapon in advance (the total length of 30cm, 15cm in length) in the part of the victim.

10 10 10 10

h. Intimidationd as “induularism.”

The Defendant, by the foregoing method, forced the victim to resist and voluntarily withdraw money and valuables. However, the Defendant was arrested by the police who had heard the victim’s unprestigious interest, thereby having attempted to commit such act.

Thus, the defendant, carrying a lethal weapon, tried to forcibly take another's property, but attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (to hear and report statements of victims), and field photographs;

1. Application of each of the existing Acts and subordinate statutes applicable to one sheet (No. 1), one electric cable (No. 2), one blue tape (No. 3), one stock farm (No. 4) that has been seized;

1. Article 342, 334 (2) and (1), and 333 of the Criminal Act applicable to the crimes and Articles 342, 334 (2) and (1) of the Criminal Act;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. From March to June of the year and six months of imprisonment with prison labor for the scope of punishment by law; and

2. The sentencing criteria shall not apply to an attempted crime on the basis of whether or not the sentencing criteria are applied.

3. Two years of imprisonment with prison labor for a sentence; and

4. For this reason, the Defendant’s act of committing the instant crime is likely to force the Defendant to withdraw the property by posing the main points that the female is mixed with a new wall and threatening the victim with a deadly weapon.

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