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(영문) 수원지방법원 2021.02.04 2020고합776

강도미수

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 9, 2020, the Defendant discovered the victim C (a person, scam, 21 years old) who scam mixedly in Suwon-si B at the Suwon-si, Suwon-si, Suwon-si, 2020, and tried to take the property owned by the victim by driving away the victim at the location where his personal information is rare.

At around 23:18 on the same day, the Defendant 260 meters away from the common view of the apartment house, which is a residence of the victim in Suwon-si, Suwon-si, Suwon-si, which is located in D, and prevented the victim from suffering a loss from the victim's back to his left hand, and led about 17 meters to the bicycle storage facility in the above apartment complex, led the victim's body, and led the victim's resistance over the floor, led the victim's resistance to the suppression of the victim's property, and forced withdrawal of the victim's property, but the perpetrator who passed after the scene was witnessing the defendant's criminal act, so that the defendant's criminal act is not committed, and it was not committed and attempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A report on the investigation of a report on the collection of DNA samples (the securing of black stuffs with which the crime scene is verified) and a report on investigation (the results of DNA identification);

1. Application of the Acts and subordinate statutes to the photographic records of the case (the scene of crime and tracking of escape route);

1. Articles 342 and 333 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of punishment by law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of recommended punishment according to the sentencing criteria: The sentencing criteria shall not apply to the attempted crimes of robbery;

3. Determination of sentence: One year and six months of imprisonment with prison labor, and two years of suspended sentence are crimes of this case committed by the following persons at night, and the victim seems to have suffered a considerable mental suffering due to the following: (a) the victim was prevented from suffering a woman who was married and led to his withdrawal of money and valuables; and (b) the victim had suffered a considerable mental suffering.

(b).