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(영문) 서울중앙지방법원 2017.09.14 2017고합824
특수강도미수
Text

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

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

Reasons

Punishment of the crime

On March 19, 2017, at the front of the Defendant’s church located in Gwanak-gu in Seoul Special Metropolitan City, around 21:50, the Defendant: (a) brought the victim D(53) who had been living together with his/her birth dispute with his/her birth and went through the said place; (b) brought the victim’s face and trees by cutting the above taxi on the ground that he/she stops in front of the Defendant, and the light of the vehicle is cut up by the Defendant; (c) opened the front door of the said taxi and carried it down on her hand, brought him/her into the front of the Defendant’s house located in Gwanak-gu in Seoul Special Metropolitan City; and (d) brought the victim’s strong resistance; (d) brought the victim into the front of his/her house; and (e) brought him/her to the said taxi by taking the knknch, which was a dangerous weapon in front of the Plaintiff; and (e) brought the victim to the said taxi without being able to bring the damage to the said taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Written statements of D;

1. Protocols of seizure (voluntary submission), list of seizure, and photographs attached thereto;

1. Investigation reports (to submit images containing criminal scenes) and the application of attached CD-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 342, 334 (2), 334 (1), and 333 of the Criminal Act concerning the selection of criminal facts;

1. Article 25 (2) and Article 55 (1) 3 (unauthorized Crime) of the Criminal Act mitigated by law;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62(1) of the Criminal Act of the Suspension of Execution (hereinafter “Suspension of Execution”) provides for the confiscation of a seized knife (Article 62(1)3 of the Criminal Act (Article 62(1)1).

However, according to the records, since the above knife is an article kept in the house of the mother of the defendant, the mother of the defendant is highly likely to be an article owned by the defendant, and the defendant is living together with his domicile in the house of the mother.

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