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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2015.03.20 2015고합10
특수강도미수
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On December 22, 2014, around 03:40 on December 22, 2014, the Defendant had been able to receive money and valuables by entering the victim E (59 years of age) house living in the second floor of the Defendant’s female-friendly Gu, Gangnam-gu, Seoul, for the purpose of accepting money and valuables.

The Defendant: (a) opened a string of the victim’s house and intruded into it; (b) opened a string of the victim’s house; and (c) opened a string tape and a string of the kitchen, which is a deadly weapon in front of the small side, with a string tape ( approximately 25 cm in total length, approximately 15 cm in knife length); and (d) threatened the victim with the sound “hring” in a string tape and a string of the string.

The Defendant, as seen above, prevented the victim from resisting, and attempted to deduct money and valuables from the victim. However, the Defendant did not commit an attempted crime with the wind that the wife of the victim, who aided and resisted the Defendant by hand, she did not commit so with the wind that the wife of the victim, who resisted the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Records of seizure and the list of seizure;

1. Bloodstains of the scene of the occurrence and of the suspect, relative photographs, and stuffed tape photographs;

1. multi-child fingers photographs, and new and son-and-child photographs which the suspect newly adopted at the time of committing the crime;

1. Each report on investigation;

1. The application of each written appraisal and each of the Acts and subordinate statutes to request appraisal of the National Institute of Scientific Investigation;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 342, 334 (1) and (2), and 333 of the Criminal Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The defendant and his/her defense counsel’s assertion regarding Article 62-2(1) of the Social Service Order Act, the main sentence of Article 59(1) of the Probation Act, and the defendant and his/her defense counsel are under the influence of alcohol at the time of the

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