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(영문) 서울중앙지방법원 2018.12.21 2018고합859
특수강도미수등
Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that it does not disadvantage the defendants' exercise of their right of defense.

1. An attempted special robbery and a victim B (the age of 55) are mother and child.

From around 201, the Defendant demanded 1 million won of the amount of money received from the injured party while living in a normal social life due to unknown mental illness due to the impossibility of living in a normal social life. However, on the grounds that the injured party refused to do so, the Defendant was willing to forcibly take the injured party’s property.

On March 29, 2018, at around 11:18, the Defendant tried to take cash from the victim who was in Jung-gu Seoul Special Metropolitan City, Jung-gu, D Bank C, and 365 copp of D Bank B, followed by the victim, who left her seat, to walked once the victim’s her hacks, and then, to take a dangerous object (20.5 cm in length, 10 cm in length) prepared in advance by the victim who returned back to the next place, so that the victim could not resist against the victim, and the victim attempted to take the cash from the victim. However, the victim attempted to take the escape from the bank to the wind.

2. A prosecutor’s office of special intimidation initially prosecuted this part of the facts charged as “a quasi-special robbery,” but on December 7, 2018, filed an application for changes in the indictment to the effect that the name of the crime was changed to a special intimidation, and the specific facts charged also changed as above. This court permitted this on December 21, 2018.

The Defendant tried to take property from B as above at the date and time, at the place specified in paragraph 1, but the Defendant tried to take property from B, as seen above, but, during the process of driving away away from the bank, the victim E (33 Do) who is a police officer assigned to the branch of D Bank, located in the branch of D Bank, to drive away himself/herself from the bank, and followed up the victim, saying “Ma as Ma as Ma as Ma as Ma as Ma as Ma,” and displayed the transition period specified in paragraph 1,

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

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. A protocol concerning the examination of the police officers of the accused;

1. Prosecution B with respect to B

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