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(영문) 울산지방법원 2019.03.29 2019고합28

강도미수

Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On January 8, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Ulsan District Court, and completed the execution of the sentence on July 10, 2016.

【Criminal Facts】

After being released, the Defendant was unable to obtain a stable occupation, and there was a lack of living expenses. Accordingly, the Defendant was living together with making soup and making soup, etc. on January 26, 2019, and the victim D (the age of 19) was married with the convenience store located in Ulsan-gu, Ulsan-gu, Seoul around 04:55 on January 26, 2019, and had tried to take money from the victim.

The Defendant, at the above date and time, francing coffee at a coffee, made the victim look like a deadly weapon by speaking out whether the victim was carrying a crepit using the cres that the victim was back, and then tried to hold cash by opening a credit cooperative in a knickter after suppressing the victim’s strokes, but did not actively resist the victim, and did not bring about the victim’s attempt.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report (to be accompanied by CCTV photographs at the time of arrest of the suspect, to attach uniforms photographs at the time of arrest of the suspect, and to photograph photographs of newspaper tools at the scene of crime);

1. Previous records of judgment: Application of criminal records, inquiry reports (A), each investigation report (verification of attachment results of prisoners' search results, the same kind of power, and the period of repeated crime);

1. Articles 342 and 333 of the Criminal Act applicable to the crimes;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to twenty-five years;

2. Whether to apply the sentencing criteria: An attempted crime is not applicable to the sentencing criteria. 3. The instant crime of this case, which was decided on the sentencing date, is that the Defendant strongly withdrawn the property from the convenience store in which the female at 10-day female at the new wall time was married.

The newspaper site, which is a deadly weapon, shall be seen as one of his arms.