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(영문) 서울서부지방법원 2018.09.19 2018고합189

특수강도미수

Text

A defendant shall be punished by imprisonment for three years.

One (No. 1), one (No. 20cm in length), one coloring of seized yellow (no. 1).

Reasons

Punishment of the crime

The Defendant, while working on a construction-related job, was in the end of the string season as a person who lives in the public announcement center and did not work much, was in arrears for a period of one year, so that the cost of the public announcement center was in arrears, etc., which led to the Defendant to take the property by threatening others using a lethally weapon, a dangerous weapon (not less than 20cm in the blade length), an industrial knife (not less than 15cm in the blade length) and an industrial knife.

On June 30, 2018, at around 03:05, the Defendant sent back the above excessive knife and industrial knife in the “D Park” located in Eunpyeong-gu Seoul on June 30, 2018, the Defendant reported the victim E (nife, 23 years old) who was mixed with the above excessive knife and industrial knife, and was walking back to the knife in the front of the 1-2 knife of the Eunpyeong-gu Seoul on the front of the knife, the Defendant attempted to keep the knife of the knife with the Defendant’s left hand, leading the knife of the knife with the Defendant’s knife, but the knife of the knife, which was a deadly weapon, to the front of the knife.

The phrase "I am and I am, I would like to am, I would like to see that the victim would not resist by threatening the victim as stated above, and could not resist the victim, and take the property by taking the place without human resources, but the victim tried to take the property by force. However, the victim did not go to the police with the wind of reporting the victim to the police, who was carrying the victim's hand, and did not go to the attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. The second written protocol concerning the examination of the accused to the prosecution;

1. Statement protocol by the police for E;

1. Protocols of seizure and list of seizure (net 20,21);

1. Application of Acts and subordinate statutes to each CCTV-cape photograph (at a moment 7,14,17);

1. Articles 342, 334 (2) and (1), and 333 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Imprisonment with prison labor for not less than two years and six months to 15 years; and

2. The scope of punishment recommended according to the sentencing criteria; and