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(영문) 서울남부지방법원 2020.04.23 2020고합79
특수강도미수등
Text

A defendant shall be punished by imprisonment for four years.

The seized diver knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On December 30, 2009, the Defendant was sentenced to 10 years of imprisonment with prison labor for special robbery, etc. by the Incheon District Court, and completed the execution of the sentence in the third prison of the North North Korean defectors on August 20, 2019.

【Criminal Facts】

1. At around 22:30 on January 30, 2020, the Defendant: (a) deducted 13,000 won in cash owned by the victim who was in the Kabro in the Kabro by means of the gap between the victim and the victim’s seat; and (b) cut 50,000 won in cash within the bank owned by the victim; and (c) cut 63,000 won in cash within the bank owned by the victim.

2. At around 22:40 on Jan. 30, 2020, the Defendant attempted special robbery: (a) reported the victim’s entry into the said CDVD room four times to clean the victim; (b) obstructed the victim by his own hand; and (c) obstructed the victim by leaving the Raber, which is a lethal weapon (not less than 20 cm in total length, about 15 cm in length, about 15 cm in length) with the victim’s neck, and obstructed the victim from resisting; (d) subsequently, the Defendant attempted to flee with the victim by leaving the Raber, which is a deadly weapon, as he saw the victim’s neck, while leaving the victim’s her seat, but the victim did not resist. However, the Defendant attempted to flee with his own hand, with the fear that the victim would be aware of committing a sounder’s crime, “to kill.”

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. A report on investigation (the analysis of CCTV images around the site of occurrence and the specification of the suspect), photographs, investigation reports (the analysis of CCTV images on entry roads), and the capture of access CCTV images;

1. Photographs of seized articles;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on confirmation of repeated crimes of a suspect), personal confinement status, and application of each statute of the judgment;

1. Relevant Articles of the Criminal Act, Article 329 of the multiple-choice Act, and the Criminal Act concerning criminal facts;

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