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(영문) 서울북부지방법원 2014.10.31 2014고합162

특수강도미수

Text

A defendant shall be punished by imprisonment for two years.

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

On February 17, 2014, the Defendant and Co-Defendant C (hereinafter referred to as “C”) together with Ematete in Dobong-gu Seoul, Seoul, and conspired to get off the knife money by getting off the knife in order to punish the drinking value, and notified C of the fact that the Defendant has a knife (20cc in knife length) on a nearby Fro vege garden, and then C carried the knife in the knife knife in the above knife newspaper.

At around 18:10 on February 17, 2014, the Defendant and C called “I” heading “I” heading of the victim H (I, 46 years of age) located in Dobong-gu Seoul Metropolitan Government G, and the Defendant refused to comply with the Defendant’s refusal, saying, “I am deadly frien” heading the victim’s knife, which is a deadly weapon held within C, toward the part of the victim’s name by cutting the knife knife, which is a deadly weapon held within C, toward the part of the victim’s knife., and said, “I will not make any change in money?”

As a result, the Defendant and C attempted to take property by carrying a deadly weapon jointly and by threatening the victim, and thereby preventing resistance. However, the Defendant and C attempted to take property by force. However, the Defendant and C attempted to take the above knife with his hand, flick the knife and flick the knife and flick the knife, and flife C

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. The police statement of H;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 342, 334 (2) and (1), and 333 of the Criminal Act applicable to the crimes and Articles 342, 334 (2) and (1) of the Criminal Act;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The crime of this case for sentencing under Article 62-2 of the Criminal Act on Probation is committed.