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(영문) 창원지방법원 마산지원 2014.10.01 2014고합73
특수강도미수
Text

A defendant shall be punished by imprisonment for one year.

One saw (No. 1) seized shall be confiscated.

Reasons

Criminal facts

1. The Defendant attempted to larceny, around 08:00 on July 10, 2014, 201: (a) 108:00, the Defendant was frightened on the street in front of the city bus stops near the 251 Masan Branch of the New World Department Store of War, leading the victim C (the victim 29 years of age) to take the handbags of the victim before that end; (b) had the victim take the handbags of the victim; and (c) had the victim obstructed his front of the victim; and (d) had the victim take the cash 6,000 won in the shoulder and the handbag on two copies in the Agricultural Credit Card, and had the victim take the handbag on two hand, and had the victim resisted, but the victim did not resist and resist it.

Accordingly, the Defendant attempted to steal handbags owned by the victim and attempted to do so.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective threat of deadly weapons, etc.), took a hackk (20cc in total length, 10cc in daily length) that is a dangerous object that had been prepared in advance, and took the hackk (10cc in total length) at the same time and at the same place as in the preceding paragraph, took the hackk (a dangerous object that had been prepared to take the handbag as above), and took the hackk (10cc in daily length) toward the victim, and expressed an attitude that would inflict any harm on the victim’s body, etc., such as getting off the hackk hackk.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. C’s legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of a deadly weapon photograph, victim telephone statement);

1. Relevant legal provisions concerning criminal facts, Articles 342 and 329 of the Criminal Act that choose a punishment, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Punishment of Violences, etc. which is heavier than punishment (within the scope of the sum of the long-term punishments of the crimes of intimidation, such as a deadly weapon, etc.)]

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