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(영문) 창원지방법원 2014.12.30 2014고합209
특수강도미수
Text

[Defendant A] The defendant shall be punished by imprisonment for a period of two years and six months.

except that the above sentence shall be executed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 20, 2014, at around 00:15, the Defendants conspired with others to forcibly take money and valuables from others, and they tried to take money and valuables from the victim before the G convenience point located in Kimhae-si, Kim Jong-si, and to take care of the surroundings, Defendant B reported the network while living around the victim. Defendant A attempted to take care of the victim’s inside and outside of the wall of the building, biffly, twice the victim’s inside and outside of the building, and biffly, twice the victim’s inside and outside of the building due to drinking, and biffly, a deadly weapon prepared in advance, biffed the victim’s item, and “I will die without giving money to the victim.” The Defendants attempted to take money and valuables from the victim, but attempted to take care of the victim, demanding the victim to assist the victim’s sound.

Summary of Evidence

[Defendant A]

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Each police statement made to I and H;

1. The inquiry report, sound recording CD;

1. Investigation report (Defendant B);

1. Defendant's legal statement;

1. Legal statement of a witness I;

1. Each police suspect interrogation protocol of the defendant and the defendant A;

1. Each police statement made to I and H;

1. The inquiry report, sound recording CD;

1. Each investigation report [the defendant's defense counsel] asserts that the assault and intimidation by the defendants against the victim is merely an assault or intimidation against the crime of intimidation, and does not constitute an assault or threat against the crime of robbery. In full view of the victim's statement at the police station and witness I's testimony, etc., the defendants jointly used a shoulder scrady, which is a dangerous object, to the extent that the defendants committed assault or intimidation to the extent that they failed to resist the victim. Thus, the above assertion is without merit since it is sufficiently recognized that the defendants jointly used

1. Article 342 and Article 334 (2) and (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Discretionary mitigation (Defendant B) Articles 53 and 55(1) of the Criminal Act

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