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(영문) 대전지방법원 2015.04.23 2015고합72
특수강도미수등
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. The Defendants, on February 9, 2015, entered the “F convenience store” located in Seo-gu, Daejeon, Daejeon on February 9, 2015, and reported Defendant B’s network. Defendant A used 22 cm in length (10 cm length: 10 cm, 12 cm: 12 cm) to hand knife the knife knife, and used the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

As a result, the Defendants jointly carried a deadly weapon and forced to withdraw the goods of others, but did not commit an attempted crime.

2. On February 13, 2015, at the “J convenience point” in the operation of the victim I located in Seo-gu Daejeon, Seo-gu, Seo-gu, Daejeon, Defendant A brought goods, such as peda, etc., to the calculation unit, and Defendant A provided the points card which is impossible to pay to employees K at that place as if the credit card was a credit card, and carried out the goods on the net calculation unit for which the said employees want to pay.

Accordingly, the Defendant stolen property equivalent to 41,900 won in total of the market price owned by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. The K's statement;

1. Investigation report (to hear statements from victims G);

1. Seizure records;

1. CCTV image data;

1. Receipts:

1. Application of each statute on photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 342, 334(2) and (1), 333 of the Criminal Act (a) and Article 329 of the Criminal Act (a)

(b) Defendant B: Articles 342, 334(2) and (1), and 333 of the Criminal Act

1. Defendants who attempted to reduce: Articles 25(2) and 55(1)3 of the Criminal Act (as to the crime of attempted special robbery), respectively.

1. A person who is subject to aggravated concurrent crimes: The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be more severe crimes concerning attempted special robbery.

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