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(영문) 창원지방법원 마산지원 2015.08.12 2015고합54
강도미수
Text

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

A seized co-explosion shot (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On May 20, 2015, the Defendant: (a) around 08:55, at the window of the victim D (Inn, 61 years of age) located in Changwon-si, Changwon-si C; (b) did not correct the above house in advance; and (c) did not inform the victim of the fact that there is no other person than the victim on the first floor; and (d) took money and valuables against the victim.

피고인은 시정되어 있지 않은 위 집 출입문을 열고 부엌까지 뛰어들어가 그곳에서 물을 마시고 있던 피해자에게 “꼼짝 마라! 가만히 있어라!”라고 말하며 한 손으로 피해자의 입을 틀어막고 다른 한 손으로 피해자의 목을 세게 졸라 반항하지 못하게 한 후 피해자의 재물을 강취하려고 하였으나, 마침 피해자의 비명을 듣고 2층에서 내려온 피해자의 아들에게 제지당해 그 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to criminal investigation reports (attached photographs of seized articles), investigation reports (attached photographs of a suspect who wears locks), investigation reports (attached photographs of a suspect's location and scene of crime), investigation reports (attached photographs of a person who commits a crime), investigation reports (Attachment of 112 reported case lists), investigation reports (Attachment of a list of reported cases), and investigation reports (Attachment

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

1. Determination as to the assertion by the Defendant and the defense counsel under Articles 25(2) and 55(1)3 of the Criminal Act to be mitigated by law

1. The gist of the assertion was that the Defendant did not control the victim’s timber. However, the victim’s timber is sealed to the Defendant’s arms, and it is merely the Defendant’s appearance on the wind of the victim’s own capital.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, ① the victim is specifically and consistently forbidden to keep the Defendant from being satisfe and hand.

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