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(영문) 창원지방법원 마산지원 2013.04.24 2012고합198
특수강도미수
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal record] On June 5, 1997, the defendant was sentenced to five years of imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc., at the Busan High Court on August 15, 200 during the execution of the sentence. On March 30, 201, the defendant was sentenced to five years of imprisonment with prison labor for robbery, rape, etc. at the Changwon District Court on June 21, 2001 and the above judgment became final and conclusive on June 21, 2001, the above parole was invalidated and completed on January 13, 2007, and on September 12, 2007, the above judgment became final and conclusive on October 12, 2007.

【Criminal Facts】

At around 02:00 on May 20, 2007, the Defendant received the victim D (Inn, 27 years of age) located near Changwon-si, Changwon-si C, and considered to have a female female victim married in the above house, and had the female victim injured into the house to take the property by force.

The Defendant opened a gate that is not corrected and intruded into a house to the way of breaking the victim’s door door by exposing the door door through windows, and applied the victim’s face with 20 cm in length, which is a dangerous object, to the victim’s face, and then "the victim shall be discarded off if he is not able to be able to be able to be able to be able to be able to be able to be imprised." The Defendant threatened the victim by saying, "the face shall be discarded off if she is not able to be able to be able to be able to be imprised." The Defendant tried to force the victim to take money and valuables by putting the victim’s face into the victim’s face and hand by putting the victim’s face into the victim’s face, and attempted to take the victim’s money and valuables from the victim. However, the Defendant attempted

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The current status of persons who coincide with the results of the DNA comparison;

1. Previouss before and after judgments: Criminal records, reply reports, and application of Acts and subordinate statutes (No. 2007 high-ranking 140, 179);

1. Relevant Article of the Criminal Act and Articles 342 and 334 of the Criminal Act concerning the selection of criminal facts;

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