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(영문) 수원지방법원 성남지원 2014.09.18 2014고합196
준강도미수등
Text

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

However, for three years from the date this judgment became final and conclusive, the defendant shall be sentenced to imprisonment.

Reasons

Criminal facts

On June 2, 2014, at around 17:00, the Defendant intruded 401 using a password, which was known to the fourth floor of the same building, wearing her cap and garke in Gangdong-gu Seoul Metropolitan Government C building.

The defendant colored goods by taking into consideration clothes in his place and the place of receipt, but did not find stolen goods, and assaulted the victim's face four times as drinking for the purpose of evading the arrest of the victim, who was discovered to the victim D, who was 401, and escaped.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police about D;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Relevant legal provisions concerning facts constituting an offense and Articles 342, 335, 333, and 319 of the Criminal Act that choose a penalty;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes (an aggravated punishment as provided for in the crime of attempted robbery with heavier punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The Defendant, with the reason of sentencing under Article 62-2 of the Criminal Act of probation and community service order, invaded on a building, attempted to steals goods, and the victim was discovered, and assaulted the victim.

However, the defendant reflects his mistake, paid the agreed amount (500,000 won) to the victim D, and the victim is not punished by the defendant.

The thief crime was committed by the defendant, and the use of violence was intended to escape arrest.

In full view of these circumstances, it is decided as per the Disposition.

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