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(영문) 부산지방법원 2015.10.16 2015고합313

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

around 22:05 on June 14, 2015, the Defendant discovered that the victim E (the 21 year old) who is an employee is working in a mixed manner at the D convenience store located in Busan Seo-gu C, Busan, with intent to collect money from the said convenience store.

While the Defendant was able to get a customer who pretended to enter the above convenience store and gets an opportunity, the Defendant: (a) had all customers, and the victim saws tobacco in the knife in the knife in the knife market; and (b) had a dangerous weapon, which is a dangerous weapon, prepared in advance, to cut the knife the knife in the knife in the knife in the knife in the knife market; and (c) had the knife in the knife in the knife market; and (d) had attempted the knife

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of E;

1. A report on investigation;

1. On-site photographs;

1. Application of the Acts and subordinate statutes of one blades seized (No. 1);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. As the sentencing criteria are not set for attempted special robbery in the judgment of the reasons for sentencing Article 48(1)1 of the Criminal Act, the sentencing criteria in this case shall not apply.

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Determination of sentence: The Defendant committed the instant crime with two and a half years of imprisonment, and four years of suspended execution, on the part of the Defendant: (a) entered the convenience store where female employees are married, and (b) made a strong withdrawal of property by threatening the victim, who is female employees, by means of threatening the knife, with a deadly weapon; (c) however, the Defendant committed the instant crime on the part of other customers, such as preparing in advance the criminal tools, such as knife, etc.; and (d) committed the instant crime.