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(영문) 부산지방법원 동부지원 2019.09.17 2019고합114
특수강도미수
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On June 9, 2019, the Defendant, under the influence of alcohol around 02:07, returned to the parking lot of the first floor of the building C-dong building in Busan-gun, Busan-gun, the Defendant: (a) was in front of the building D victim E (n, 43 years of age)’s residence; (b) was going up to the front of the Fpoter window, parked down the front glass of the cargo vehicle parked under the window, and infringed on the gas pipe installed on the wall of the building, going up to the wall surface of the building, going up to the wall of the building, going up to the wall of the building, and opened up to the inside of the victim’s residence.

In addition, when the victim who was divingd to the bed by the bed with the bed by the bed, she was frighted to the bed, and she asked the victim that she had the light of the cell phone that she was in possession to the bed against the victim, and asked the victim that she did not have any money by getting the victim her to her, she called "whether she is cash or her money," the victim " she has no money," and she asked the victim that she did not have any money by assaulting the victim, such as " she does not have any money," " she does not have any money," when she takes the right head of the victim by drinking, etc., so she would not resist the victim, but she did not go out of the bed from the victim, but did not go through the bed.

Accordingly, the defendant invadeds on a human habitation at night, and tried to withdraw another person's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographss of crime scene and analysis of CCTV images;

1. Each investigation report (the sequence 6, 7, 34 in the list of evidence);

1. The application of relevant Acts and subordinate statutes (such as a briefing table on request for appraisal, etc. and replys on the results of an appraisal of a crime scene;

1. Article 342, 334 (1), or 333 of the Criminal Act applicable to the crimes and Articles 342, 334 (1) and 33 of the Criminal Act;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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