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(영문) 대전지방법원 2014.03.28 2014고합42
준특수강도
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On February 5, 2014, the Defendant was sentenced to two years of suspension of the execution of one year of imprisonment with prison labor for a crime of adultery in the Suwon District Court's Ansan Branch, and the judgment became final and conclusive on February 13, 2014.

At around 23:40 on January 18, 2014, the Defendant: (a) opened a “F” building operated by the victim E in Daejeon-gu Daejeon-gu, Daejeon-gu on the second to third floor; (b) discovered a door containing both sides of the building on the stairs going up from the second to the third floor; and (c) attempted to steal it.

Therefore, the Defendant: (a) 4.50,00 won in total of the market price of the two weeks; (b) Da 200,000 won in total; (c) Do 200,000 won in total; and (d) Do 200,000 won in the two weeks near the second floor stairs; (c) Do 24 years in the victim G (23 years old) and Ha Ha Ha Ha Ha Ha Ha Ha (23 years old); (d) threatened the above G Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha with "do Ha Ha Ha" with the Defendant's right to escape from the Defendant's arrest. (d) Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha

As a result, the Defendant committed violence against the above G and H for the purpose of theft of the above E's property and evading arrest.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Each police statement of G and H;

1. Each report on investigation;

1. On-site CCTV closures, suspect's residence photographs, and CCTV closure photographs;

1. Previous convictions in the judgment: A copy of the judgment (U.S. District Court No. 2012 Highest 2434) (No. 2434);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 335 and 334 (2) and (1) of the Criminal Act which choose a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows.

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