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(영문) 서울동부지방법원 2015.11.27 2015고합269
특수강도미수등
Text

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

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

Reasons

Criminal facts

1. On October 1, 2015, at night, around 03:15, the Defendant: (a) invadedd the victim D’s “Eel” located in Gwangjin-gu Seoul Special Metropolitan City, into the victim’s “Eelel” and then stolen the victim’s 2,00,000 won at the market price, which is the victim’s possession, of the victim installed at that place; (b) transferred the bicycle string to the said teel with the bicycle string on the part of the market price attached thereto; and (c) moved the bicycle string on the part of the bicycle string; and (d) moved the bicycle string on the part of the bicycle string; and (d) took the victim’s wall out of the teel.

2. On October 1, 2015, the Defendant attempted special robbery: (a) around 04:37, the Defendant expressed his room to the victim H (33 years of age) who is an employee of the Defendant, as if he had silented in the said telecom; and (b) went back to the Kabter by following the victim’s back to the Kabter, and then turned into the Kabter, which is a deadly weapon (23 cm in total length, approximately 12 cm in length, approximately 12 cm in length, and No. 1) with a deadly weapon, which was put in advance into the right part of the right part of the Kabter, and then taken the victim’s face into the hands, and had the victim resisted by opening the Kabter with his left hand so that he could not resist; (c) although there was no cash in the Kabter, the Defendant did not make any correction to that effect.

Accordingly, the defendant tried to take the victim's property by force, but did not commit an attempted crime.

Summary of Evidence

【Paragraph 1 of this Article】

1. Defendant's legal statement;

1. Written statements of D;

1. An output of the results of drilling search (in relation to the investigation report on the suspect's course of intrusion, etc.), investigation report (related to the time of sunrise and sunset in the Gwangjin-gu Seoul Special Metropolitan City), and NAV weather from sunrise to sunset search;

1. Bicycle photographs, bicycle shot photographs, on-site photographs (the place where a suspect stealss bicycles, etc.) (the paragraph (2) at the time of sale);

1. Defendant's legal statement;

1. The police statement of H;

1. Excessive photographs;

1. Application of current Acts and subordinate statutes in excess of one percent (No. 1) that has been seized;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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