(영문) 전주지방법원 군산지원 2019.11.28 2019고합96

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 군산지원 2019.11.28 2019고합96

준강도미수등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant committed the following crimes under the status that he has the ability to discern things or make decisions due to intellectual disability:

[2019Gohap96] Around 11:00 on April 11, 2019, the Defendant committed assault, such as: (a) the Defendant was aware of the victim D (the age of 65) who was located near the said house while entering the house of the victim C in Gunsan-si B, and colors of stolen articles, and did not commit an attempted crime; (b) the Defendant was aware of the victim D (the age of 65) who was located near the said house; (c) the Defendant attempted to flee; (d) the Defendant’s humping of the victim D to avoid escape; (d) the Defendant’s humping to escape; and (e) the victim’s face part was shicked twice by drinking; and (e) the Defendant attempted to injure the victim D’s hand by entering the house.

Accordingly, the defendant attempted to steal another person's property, and assaulted the victim D with a view to evading arrest.

[2019Gohap147] On March 14, 2019, around 14:30 on March 14, 2019, the Defendant opened a bend door of the cell in which the victim was released from the victim F’s residence located in Gunsan-si, and did not correct it with the intent to steals the property between the victim and the victim’s inside and outside, and invaded the victim’s inside and outside, and then stolen the cash amount of KRW 200,00 (4 pages of KRW 50,00) owned by the victim who was kept in custody in the gap of the inner wave.

Summary of Evidence

[2019Gohap96]

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Report on the offender's place, photograph, person suspected of being dispatched and on-site conditions after being dispatched;

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes to each internal investigation report (the Nos. 3 and 4 of the evidence list), investigation report (the No. 5 of the evidence list);

1. Relevant legal provisions concerning facts constituting an offense and Articles 342, 335, 333, 329 and 319 (1) of the Criminal Act that choose a penalty (the point of attempted robbery), and Articles 342, 335, and 333 of the Criminal Act;

1. Articles 10(2) and 55(1) of the Criminal Act for mitigation of mental disorders.

참조조문

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