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(영문) 창원지방법원 2018.09.06 2018고합102
특수강도미수등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant was a person who resides in F of the window F of Changwon-si and was living in front of the house, with G, who was a social worship and did not properly bear the expenses, etc., who used himself.

1. At night, the Defendant: (a) around 00:02 on May 17, 2018, the Defendant: (b) was in front of the house of the victim H and the victim I located in F of the window of Changwon-si; (c) opened a gate with the knowledge that G resides in the said house and intrudes into the entrance; and (d) considered that the victim H located in the entrance was a new site of G, and then considered that the Defendant was the victim H, the market price of which is 50,000 won.

Accordingly, the defendant invadedd the victim's residence at night and stolen the property.

2. A special residential intrusion and special intimidation on May 17, 2018. Around 00:09, the Defendant again held a deadly weapon (23 cm in total length, 13 cm in length) in front of the collection of the victim I (the 62 years old), as stated in paragraph 1, and G opened a gate with the knowledge that he was residing in the said house and opened the gate that was not corrected at the inside of the said house, and laid down the excessive amount as a copy of the victim I was covered by the victim I.

Accordingly, the defendant invadedd the victim's residence while carrying a deadly weapon, and threatened the victim's body by carrying a deadly weapon as if he were the victim's body.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to the victim H and I;

1. A report on the occurrence of an accident, and a report on the results of field identification;

1. Investigation Report (Analysis of CCTV video images around the scene - the capture of CCTV images and the attachment of CD/suspects/suspects’ residence photo - / a written hospitalization confirmation as to the Defendant’s wife J other verbal statements / a written confirmation as to admission and discharge / a document of confirmation as to admission and discharge / a photograph of suspect - a copy of the domestic violence case / a copy of the suspect’s domestic violence case - a copy of the domestic violence case / a written medical opinion as to the suspect’s oral statement hearing / a written medical opinion / G residence.

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