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(영문) 서울동부지방법원 2015.07.16 2015고합102
준특수강도미수등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 14, 2015, the Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) committed an intrusion upon the victim’s residence by putting in a bank the transition (11cm in the blade) which is a deadly weapon, in mind of theft of property, and entering the bank outside of the ward’s window, and entering the victim’s house with the victim’s house located in Gwangjin-gu Seoul Special Metropolitan City (53 years old).

2. A quasi-special robbery Defendant found stolen objects from the above victim’s house room at the same time and did not find them, and was discovered to the victim who was diving in the inner room while entering the inner room.

In order for the victim to wear the defendant by shouldering the defendant in diving, the defendant taken over the above excessive amount, which is a deadly weapon, with the intention of evading arrest, and added him with the face, chest, etc. of the victim as the victim is displayed, and the gate has been placed one time in the victim's hands.

As a result, the Defendant attempted to steal another person's property, but committed an assault to the victim with a deadly weapon for the purpose of evading arrest.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of E and F;

1. E statements;

1. Each investigation report (the sequence 3, 6, 24, 28 of the evidence list);

1. A gene appraisal statement, a report on the collection of DNA samples, a report on the field identification, and a written adequate appraisal;

1. Records of seizure and photographs of seized articles;

1. Application of ct v photographs, ctv video screen legislation;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 319 (1) of the Criminal Act, Articles 342, 335, and 334 (2) and (1) of the Criminal Act (the fact that quasi-special robbery is attempted, and the choice of limited imprisonment) concerning the punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment heavier than that of a quasi-special robbery) among concurrent crimes;

1. Discretionary mitigation Criminal Act;

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