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(영문) 대구지방법원 의성지원 2018.11.13 2018고합12
특수강도미수
Text

A defendant shall be punished by imprisonment for four years.

Seized evidence 1 to 3 shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On December 16, 2005, the Defendant was sentenced to 10 years of imprisonment with prison labor for murder at the Seoul Northern District Court, and completed the execution of the above punishment on July 13, 2015. On July 12, 2007, when the execution of the above punishment was in progress, the Changwon District Court sentenced 1 year and six months of imprisonment with prison labor for an injury, and was released from the said punishment upon termination of the execution of the above punishment in the first intersection of the North Northern Northern Branch on January 13, 2017.

[Criminal facts] On June 13, 2018, the Defendant committed robbery in order to raise a shortage of living expenses in the Defendant’s residence and to raise a shortage of living expenses, the Defendant started to commit robbery and spawn down with the face-to-face walling with the face-to-face hiding.

The Defendant at the convenience point in the 01:45 on the same day, and at the D convenience point in the Cheongsong-gun, Chungcheongnam-gun, Cheongsong-gun, the Defendant taken off the transition, which is a deadly weapon, to an employee E (V, 30 years of age) who was in the account unit, hiding in the mother and child.

In other words, the defendant threatened the victim F of the convenience store who continued to be located in this place with intimidation as "in the calculation of tax base of the amount of money," and threatened the victim F of the convenience store, "in the calculation of tax base of the amount of money," thereby preventing the victims from resisting the amount of money and valuables. However, the defendant got off the excessive amount from the victim F, regardless of the serious gap in the defendant's interest, the defendant got off the excessive amount from the victim F.

Accordingly, the defendant had been forced to withdraw another person's property by intimidation by using a lethal weapon, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Protocols of seizure, list of seizure and photographs of seized articles;

1. An investigation report (to attach photographs by cutting down the CCTV images at the main surface of the CCTV in the field);

1. Records of the judgment: References to inquiries, such as criminal history, investigation reports (a separate judgment of a suspect, attachment of personal confinement status), judgment, and application of statutes on personal confinement;

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 3 of the Act on Special Cases concerning the Punishment of Cumulative Cumulative Crimes, and the proviso of Article 42 of the Criminal Act 1.

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