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(영문) 수원지방법원 안산지원 2020.06.12 2020고합97
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The crime of March 6, 2020;

A. At around 11:00 to 13:00 on March 6, 2020, the Defendant found the keys located above the boiler unit B (hereinafter omitted) located above the entrance door door door door of the residence of the victim C (the age of 72) at Ansan-si, Ansan-si (hereinafter omitted), and opened an entrance door and intrudes on the victim’s residence for the purpose of theft of money and valuables.

B. The thief Defendant 1-A

1-A at the time and place described in the subsection.

In the same way as the paragraph, 420,000 won in cash owned by the victim was stolen within the inside the inside of the inside of the inside bank after intrusion into the residence of the victim.

2. Crimes committed on March 17, 2020

A. On March 17, 2020, the Defendant entered a residence, around 12:47, around 1-A.

1-A at the place described in paragraph 1.

In the same way as described in the port, the victim's residence was invaded.

B. A quasi-Robbery Defendant 2-A

1-A. The date and time described in paragraph 1-A.

1-A with an intention to steals money and valuables at the place described in the paragraph.

During the course of intrusion upon the victim's residence in the same manner as described in the port, the victim who returned to the house opened the entrance and found the defendant, and then saw the victim who was pushed back to the outside of the entrance for the purpose of evading arrest and getting out of the entrance door.

Accordingly, the defendant attempted to steal the victim's property, discovered the victim's property, and abused the victim for the purpose of evading arrest.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to report the generation, field photographs, reports on the results of field identification, reports on field files, internal investigation reports (including CCTV video data attached thereto), investigation reports (including on-site investigation), investigation reports (including CCTV video data attached thereto after committing a suspect), investigation reports (including the verification of the same line after committing a crime), and investigation reports (victim telephone investigations);

1. Relevant legal provisions concerning facts constituting an offense, Articles 342, 335, and 333 of the Criminal Act that choose a sentence (the attempted robbery), Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment).

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