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(영문) 대구지방법원 경주지원 2013.06.14 2013고합10
강도상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On February 10, 2013, the Defendant attempted robbery: (a) around 04:22 on February 10, 2013, discovered that there was no customer and only one employee was working for the convenience store in the racing city; and (b) had the intent to forcibly take money and valuables by threatening the employees with a knife.

The defendant added the knife (14.5 cm in length) to the main knife, and entered the convenience store, and tried to control the victim E (17 years of age) who is an employee by putting the knife hand into the convenience store.

Therefore, when the victim pushed the defendant and resists the defendant, the defendant took the face of the victim one time by drinking left hand.

Therefore, although the defendant tried to forcibly take property by assaulting the victim, the defendant did not go through the wind of the victim's resistance and did not commit an attempted crime.

2. On February 11, 2013, the Defendant: (a) around 00:30 on February 11, 2013, at the “G” convenience store located in the racing F, ordering the employees to take an order; and (b) stolen things.

The Defendant, entering the above convenience store, and putting 33,540 won of goods such as drinking boom, sab, hamb, tobacco, and milk, etc. into the above convenience store, caused the Defendant to put the Defendant into the envelope, which is an employee, to put him in the envelope, and stolen the said goods by taking advantage of the creb in order for the victim to take out tobacco.

Summary of Evidence

1. Defendant's legal statement;

1. The first written statement made to E by the police;

1. Records of seizure and the list of seizure;

1. A statement prepared by H;

1. Application of the receipt statute

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) An attempted robbery: Articles 342 and 333 of the Criminal Act;

(b) The point of larceny: Article 329 of the Criminal Act;

1. Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted and attempted robbery) of the Criminal Act mitigated by law;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the sum of the long-term punishments for the crimes of attempted robbery which are heavier than the punishment] shall be double concurrent crimes.

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