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(영문) 대구지방법원 2016.04.08 2015고합560
준강도미수등
Text

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

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

Reasons

Punishment of the crime

1. Around 16:00 on October 23, 2015, the Defendant: (a) intruded into the house through the boiler room window, which was opened at around 16:00 on the victim D; (b) and (c) stolen the victim’s house, with one half-ro 1,000, the market price of the victim’s possession in the boiler room, and one one half-ro 1,50,000,000 won at a small amount of 4,50,000,000 won at the victim’s market price, the victim’s ownership.

2. Around 16:50 on October 25, 2015, the Defendant: (a) invaded upon a residence and attempted robbery; (b) intruded the victim F (the 73 years of age) E in the Glocket E; and (c) obstructed the stolen object from an open gate to a small room; and (d) committed assault, such as taking the victim’s knife’s knife into force, towing the knife into the victim’s knife with his/her knife and knife his/her knife, knife his/her knife, knife his/her knife, knife his/her knife

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and D;

1. A protocol of seizure and a list of seizure;

1. A report on the results of field identification;

1. Application of Acts and subordinate statutes to report on investigation (investigation of products damaged by the victim D counterpart, hearing of statements from the victim F party telephone);

1. Relevant provisions of the Criminal Act concerning the crime, Articles 342, 335 of the Criminal Act (the attempted charge of quasi-Robbery), Article 329 of the Criminal Act (the purpose of Section 329), Article 319(1) of the Criminal Act (the fact of intrusion upon each house and the choice of each imprisonment), and Article 319 of the Criminal Act;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of the remaining crimes, which are prescribed for the attempted crime with the largest punishment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than one year and not more than six months but not more than 21 years;

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