(영문) 창원지방법원 2014.01.09 2013고합315

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(영문) 창원지방법원 2014.01.09 2013고합315

강도미수

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

On November 15, 2013, the Defendant found in the E-real estate brokerage office operated by the victim D (Inn, 44 years of age) of the Jinhae-si C Building 105 in the Chang Sea-si, Changwon-si around November 15, 2013, and demanded the victim to answer that “I am able to see any house that can be seen now by the end of December,” and that “I am am able to show the house after 18:0.”

Therefore, the Defendant prepared to take money and valuables against the crepan victim who is female, and prepared to commit the crime in advance (13 cm in length, 13 cm in knife, 2) and had an apartment in the above real estate brokerage office at around 18:30, to find it again in the above real estate brokerage office, and to have the apartment in the Chang-si Jin-gu F and G along with the victim, and then proposed that the victim “I will rent the studio at home,” and that “I will rent the studio at home” with the victim as the H building 101, a house of the defendant’s friendship or house in the Chang-gu, Chang-gu, Chang-si.

At around 21:30 of the same day, the Defendant arrived with the victim of the H building 101, and installed a room, and then obstructed the victim’s neck with the defect of the victim’s own arms, which the victim intends to come, and obstructed the victim’s resistance and forced the victim’s money and valuables. However, the Defendant attempted to escape from the scene of the wind, which was discovered to be discovered by the victim, on the spot.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the police statement law to D;

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

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. A prosecutor under Article 48(1)1 of the Confiscation Criminal Code seeks confiscation on the ground that the seized part of the PPPPP is used in a criminal act by the defendant. A prosecutor under Article 48(1)1 of the Confiscation Criminal Code shall seek confiscation on the ground that a single (Evidence No. 1) and a Cheong tape No.

However, records are recorded.

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