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(영문) 대구지방법원 김천지원 2014.09.19 2014고합64

특수강도미수

Text

A 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

On July 4, 2014, at around 17:39, the Defendant: (a) demanded that the victim take money and valuables from the E convenience store operated by the victim D (the age of 46) in Gumi-si; (b) purchase tobacco; and (c) the victim demanded that the victim take a cigarette from the victim; (b) the victim taken a kitchen, which is a deadly weapon in the boom machine (the blade length of 17cm, 12.5m in the knive length of knives), in which the victim gets the victim from resisting; and (c) made the victim take a kitchen, which is a deadly weapon in the boom machine, and 17cm in the knives (the knive length of knives, 12.5m in the knives) and voluntarily withdrawn the property after the victim forced the victim to resist; but

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on internal investigation by the police (on the spot leading circumstances, etc.);

1. A police investigation report (the scene of the crime taken byCCTV and its scene);

1. On-site photographs and CCTV photographs within convenience stores;

1. Application of Acts and subordinate statutes to one kitchen (No. 1);

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 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is committed by the defendant, who has been punished by a fine due to the violation of the Road Traffic Act around 198, and then has no record of other criminal punishment until the day after the defendant was punished, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., are considered as follows: (a) the possibility that if the victim had not actively cope with the crime of this case, it would not be ruled out that the possibility of causing more damage would occur if the victim did not have actively cope with the crime of this case; (b) the crime of this case was committed by the defendant; (c) the defendant did not have any record of other criminal punishment.