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(영문) 창원지방법원 거창지원 2014.04.24 2014고합5
준강도미수등
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

Punishment of the crime

1. On November 8, 2013, at around 04:55, the Defendant attempted robbery: (a) when the Victim D (Inn, 55 years of age) located in Gohap-gun, Gohap-gun; (b) in order to steals the victim’s house, the Defendant intrudes into the victim’s house by opening the victim’s entrance door and entering the victim’s house; (c) but, in order to capture the victim’s house, the Defendant was released from the victim’s room and escaped.

In order to escape arrest of the victim who has driven away from dry field 150 meters away from the victim's house and approximately 150 meters away from the victim's house, the victim's face was 4 to 5 times a week, and the victim's face was blicked one time due to yellow kin, etc.

2. On October 2012, the Defendant: (a) opened a window, which was opened after the victim’s gathering at the place near the said victim’s house; and (b) took 1,90,00,00 won of the market value of the victim’s possession; and (c) stolen the victim’s property over 12 times in total, as indicated in the list of crimes, from that time until November 2013, the Defendant stolen the victim’s property.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement regarding D;

1. Investigation reports (Attachment of photographs of seized evidence), investigation reports (Attachment of photographs, such as the scene of damage);

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 342, 335, and 333 of the Criminal Act that choose a penalty, and Article 329 of the Criminal Act;

1. Article 25(2) and Article 55(1)3 (Article 55(1)3 (Article 55(1)3 (Article 25(1)) of the Criminal Act; 1. Concurrent crimes among concurrent crimes; the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act (Article 50 (Article 25(2) of the Criminal Act within the scope that the sum of the long-term punishments of

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act on Probation;

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

1. The range of applicable sentences: Imprisonment for a year and six months to February 21.

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