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(영문) 의정부지방법원 2013.07.17 2013고합179

특수강도미수등

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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 05:20 on April 25, 2013, at the D convenience store located in Speaker C, the Defendant: (a) threatened the victim E (n, female, 22 years of age) with a deadly dangerous weapon (No. 1, blades, 10cc in total length, 25cc in total) and attempted to take property from the victim by force after threatening the victim as if he/she had threatened the victim with a deadly dangerous weapon (no. 1, blades, 10cc in total length, 25cc in total length), but did not go through an attempted attempt as there was no money in the depository, even though the Defendant attempted to take property from the victim by force.

2. At around 05:25 on April 25, 2013, the Defendant had the intent to continuously take money at the convenience store, and took the following measures: (a) from the G convenience store located in the House F in the House of Government, where approximately 100 meters away from the crime place of paragraph (1) above, the Defendant: (b) threatened the victim H (n, 22 years of age) who is an employee with a deadly weapon, and forced the victim to take money from 120,600 won in cash; and (c) forced the victim to take money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, I, J, K, H, L, and M;

1. Investigation report (to search at the site and to cut CCTVs);

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes concerning seized photographs and caps;

1. Relevant provisions of the Criminal Act and Articles 342, 334 (2) and (1), 333 of the Criminal Act (the occupation of attempted special robbery and the choice of limited imprisonment), Articles 334 (2) and (1), and 333 of the Criminal Act (the occupation of special robbery and the choice of limited imprisonment);

1. Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted crimes and attempted special robbery) of the said Act mitigated by law;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

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 main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The defendant and his defense counsel's assertion under Article 48 (1) 1 of the Criminal Act shall be determined.