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(영문) 춘천지방법원 2020.11.27 2020고합133
준강도미수
Text

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

Reasons

Punishment of the crime

Around 04:00 on October 18, 2020, the Defendant thought that the victim (the 20 years of age) on three multi-household houses in Switzerland-si, Chuncheon-si (the studio 20 years of age) has stolen things in front of the studio corridor, opened the window of the victim’s stud boiler room and intrudes into it through the defendant’s dwelling window adjoining the above studio, and then, the victim, who was divingd with the stude with the stude with the stude of the victim’s body with his face, caused the stude to escape arrest, and destroyed the crime, without reporting the victim’s face to the police by dividing the victim’s face into the stude, and preventing the victim from breaking the victim’s face.”

As a result, the defendant did not commit a theft of property by intrusion upon the victim's residence at night, but did not commit it, and assaulted and threatened the victim for the purpose of evading arrest and destroying the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecutor to the prosecution;

1. Application of relevant photographs and investigation reports (influor photographs) Acts and subordinate statutes;

1. Articles 342, 335, and 333 of the Criminal Act applicable to the crimes;

1. Reasons for sentencing under Articles 25(2) and 55(1)3 of the Criminal Act for mitigation of attempted punishment;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The range of recommended sentencing criteria according to the sentencing criteria is not set.

3. The sentence shall be determined as ordered in consideration of the following circumstances and the various sentencing conditions under Article 51 of the Criminal Act:

Unfavorable circumstances: The defendant enters the studio where the victim lives alone and stealss the article, and the victim is shouldered from the locking.

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