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(영문) 대구지방법원 김천지원 2014.12.05 2014고합121

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

The Defendant had been living in a female house without a certain residence and had the female with money falling off in the water.

At around 20:30 on October 1, 2014, the Defendant discovered the victim E (here, 26 years of age) who walked on the way to be mixed before the Domotour located in Gumi-si, Gumi-si, and followed up to about 100 meters, and prevented the victim from getting the victim's timber out of his left hand before G located in F, and used excessive (19.5cm in total, 19.5cm in length, 9cm in knife length, knife length, 9cm in knife) as a knife of the victim's knife, and "a multilateral taxism and taxism of the amount in knife, knife, and knife", and led the victim to the suppression of the victim's resistance, the Defendant did not commit an attempted money or goods because the victim did not possess any money or goods.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. The police seizure record and the list of seizure;

1. Application of the police investigation report (in relation to the investigation of a suspect's escape route, identification of the suspect, attachment of evidence 1 through 5 photographs of seized articles, attachment of on-site inspection photographs);

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 refers to the defendant's attempted withdrawal of property by threatening the victim, who is a deadly weapon, and the nature of the crime of this case is not good. However, considering the circumstances favorable to the defendant's attempted crime of this case and the fact that the defendant has no record of criminal punishment exceeding the fine, the defendant has no record of criminal punishment. The punishment of this case is the same as the order, comprehensively taking into account all the conditions of sentencing, including the defendant's age, character and behavior, environment, and circumstances after