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(영문) 부산지방법원 서부지원 2019.10.17 2019고합181
특수강도미수
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

Defendant did not have a certain occupation, and had a deadly weapon (No. 2, 13 cm in length), which is a deadly weapon with the Defendant’s house at KRW 10 million, and had a knive weapon (No. 2, 13 cm in length), with intent to forcibly take money and valuables by intrusion on the house of other persons.

On August 12, 2019, at around 03:20, the Defendant: (a) opened a multi-use window in Busan Sagu B (n, 57 years of age); (b) opened a multi-use window that was not corrected; and (c) intruded into the inner bank; and (d) obstructed the Defendant from resisting the said knife that knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the Defendant, while carrying a deadly weapon at night, tried to take property from the victim, and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the results of field identification;

1. Ratifications (request for genetic analysis and appraisal of genes);

1. The scene of oil, photographs of seized articles, and photographs of the suspect's place of escape;

1. Application of each applicable statute of the existing Acts and subordinate statutes of subparagraphs 1 through 4 of seized evidence;

1. Article 342, Article 334(2) and (1), and Article 333 of the Criminal Act, the choice of imprisonment for a limited term, and the choice of a punishment, by means of Articles 342, 33 of the Criminal Act and

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):

1. Article 62 (1) of the Act on Suspension of Execution (The following consideration shall be repeated for the reason for sentencing):

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

1. Determination as to the defense counsel’s assertion under Article 48(1)1 of the Criminal Act for forfeiture

1. The gist of the assertion is that the Defendant himself commits the instant crime.

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