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(영문) 창원지방법원 통영지원 2019.02.14 2018고합172

특수강도미수

Text

A defendant shall be punished by imprisonment for four years.

One excessive (No. 1) seized by the defendant, and one KONer (No. 2).

Reasons

Punishment of the crime

The Defendant retired from his/her workplace three months prior to his/her retirement, and had been living with a subsidy for living expenses to be paid at his/her Dong office. The Defendant had expressed his/her mind to have his/her money and valuables to be used as living expenses after the expiration of the period of subsidization for living expenses.

On November 20, 2018, around 21:26, the Defendant: (a) reported the fact that women are married on the side of the Kabter operated by the victim C (n, 27 years of age) (hereinafter referred to as “A”), which was operated by the victim C (n, and 27 years of age) in the B B, and reported that women are not injured by additional customers due to the end of the business; and (b) reported that women are married, the Defendant would not be likely to interfere with his/her criminal act; and (c) therefore, he/she would be able to control and take money and valuables against them; and (d) entered the Kab.

The Defendant got out of the Rotten car page, which is an object dangerous to the State money, by going to the knicker’s knife, taken out the transition ( approximately 23 cm in total length, approximately 13 cm in knife length) and took out the victim’s knife with left hand, and threatened the victim, but the victim got out of the knife knife that “CCTV exists and reports, knife, knife’s knife’s knife.”

In this respect, the defendant, who is a dangerous object, had been compelled to withdraw money by threatening the victim, but did not bring about an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and C;

1. Each protocol of seizure;

1. A written statement prepared by the F and E;

1. Application of Acts and subordinate statutes to criminal investigation reports (abundance of photographs);

1. Article 342, 334 (1), or 333 of the Criminal Act applicable to the crimes and Articles 342, 334 (1) and 33 of the Criminal Act;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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 up to 5 years;

2. The sentencing criteria shall not apply to the instant crime according to the sentencing criteria, since it is an attempted criminal.

3. Determination of sentence;