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(영문) 인천지방법원 2016.01.08 2015고합681

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

From June 28, 2015 to September 14, 2015, the Defendant: (a) was a “D” convenience store located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; and (b) did not seek any occupation, and (c) did not call for money; (d) did not call for money; and (e) did not call for money for money to be mixed at the front of the termination who was in need of money; and (e) did so by threatening money to a kn

Around 04:40 on October 30, 2015, the Defendant: (a) entered the above convenience store using sk and hats; (b) made preparations to the victim E (30) (30) (30) who was seated inside the calculating column, and threatened the victim E (1) with a knife ( approximately 24 cm in total length, approximately 8 cm in length) by threatening the knife to the warehouse, “Wing down from the knife to the warehouse,” thereby suppressing the victim’s resistance; and (c) moved the victim to the warehouse, the Defendant was aware of the fact that the victim was working together, and the knife and attempted to flee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to E (victim);

1. Statement made by the police with regard to F;

1. Protocols of seizure;

1. Application of Acts and subordinate statutes to on-site photographs (Chapter 6), deadly weapons (kackers' blades), photographs, and clothing (makes and booms) worn by the person under consideration;

1. Relevant Article of the Criminal Act and Articles 342, 334 (2), 334 (1), and 333 of the Criminal Act concerning the selection of criminal facts;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Application of the sentencing criteria: 3. Determination of sentence: Imprisonment for 2 years and 6 months, and the instant crime of this case for 3 years of suspended execution is intended to take money by threatening the victim with a deadly weapon, entering the convenience store in which the defendant had worked as the source of occupation, and the nature of the crime is not easy in light of the purpose and method of the crime.