특수강도미수
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.
Punishment of the crime
The Defendant, while playing a part of pregnancy in a female-friendly room, was coming to a living room after having left the place of work, was frighting to get a knife in a knife where the human being is kept in a rare place, and had the knife knife with the money deducted from the money.
On January 19, 2014, at around 23:52, the Defendant confirmed that the victim D (here, 50 years of age) was the married victim in the Emart operated by the Sung-gu Sung-si, Changwon-si, Sungwon-si, and confirmed that the victim was married to the victim. On the other hand, the Defendant attempted to take back the victim by taking a deadly weapon, which was prepared in advance between the Defendant’s calculation, and by putting the victim her her scam and her scambling off, and her her scambling off and cutting off the victim’s her money. However, the Defendant attempted to take back the victim’s her hand and pushed the victim’s money, and she attempted to escape from the wind of the victim, with the victim’s husband coming to the wind from the inside.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning D;
1. Each report on investigation;
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 342 and 334 (2) and (1) of the Criminal Act which choose a penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Article 62 (1) of the Criminal Act;
1. Sentencing is not applicable to an attempted crime for sentencing under Article 48(1)1 of the Criminal Act, since it is an attempted crime.
The Defendant committed the instant crime is an unfavorable circumstance to the Defendant, such as: (a) the Defendant was able to withdraw property by threatening the victim, who is a deadly weapon, by entering a Schlage operated by a female in the night-time zone in which his personal body is rare; and (b) the high risk of the instant crime is extremely high; and (c) the Defendant appears to have received a large number of mental impulses due to the instant crime.
On the other hand, the defendant seems to have committed the crime of this case in a contingent manner while living insufficiently.