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(영문) 인천지방법원 부천지원 2012.11.23 2012고합336
특수강도미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The excessive one (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

The Defendant was sentenced to three years and six months of imprisonment with prison labor for robbery in the Incheon District Court's Branch on April 3, 2009, and the judgment became final and conclusive on June 19, 2009, and was paroled on December 23, 2011 in the prison in Seoul Southern Prison, and the parole period expired on June 12, 2012.

The Defendant, upon receiving a demand for the debt amounting to eight million won, found that the Defendant was able to take away another person’s property and resolve it, and found the victim D (E) in the “E” station operated by Seocheon-si, Seocheon-gu, Seocheon-gu, Seoul (50 years old) to open the door with all indoors, etc. inside the main store, and intruded into the main store through an open entrance with a deadly weapon, which is a deadly weapon prepared in advance (12.5cm in blade length).

The defendant reported the victim's face to the knee of the victim by drinking the victim's face about eight times, knee of the victim's face, knee of the victim's kne, and knee of the victim's knee of the victim's resistance by kneing the victim's kne, causing 3 million won of the victim's property to be taken out by the victim. However, the defendant did not intend to withdraw the cash and move out of the main point, but did not have the intent to escape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. On-site photographs and victim photographs;

1. Previous records: Application of inquiries into criminal records, etc., investigation reports (reports on confirmation of the identity of a suspect, the previous criminal records, the date of release, and the date of expiration of the term of punishment);

1. Relevant Article 342, 334(2) and (1), and 333 of the Criminal Act concerning criminal facts, and the main text of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010) (amended by Act No. 10259, Apr. 15, 201)

1. Article 25(2) of the Criminal Act for statutory mitigation;

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