특수강도미수등
Defendant
A Imprisonment with prison labor for three months, for six months, and for four months, for defendant C, respectively.
provided, however, that the defendant B, .
Punishment of the crime
[Criminal Justice] On April 23, 2010, Defendant A was sentenced to imprisonment with prison labor for a maximum term of two years and for a short term of one year for robbery in the Incheon District Court’s Vice Branch. On December 23, 2011, the parole period passed on February 26, 2012, and on September 12, 2012, Defendant A was sentenced to three years of imprisonment with prison labor for an attempted special robbery, etc. and the judgment became final and conclusive on November 15, 2012.
【Criminal Facts】
The Defendants wanted to obtain a loan from the victim E, and arranged it, and received some of them from the victim, and made profits.
On March 2012, 2012, the Defendants were in the room of the Gamoto 3th floor area of the Gamoto-si, Nam-gu, Yan-gu, Gmoto-si. The Defendants attempted to obtain a loan from a lending company using the victim's cell phone, but they attempted to avoid receiving a loan due to a large amount of the victim's mobile phone unpaid charges, and change the victim's mind that the victim would not receive a loan. Defendant A was able to walk and walk the part of the victim from his job to drinking and launching, Defendant B also 2-3 times the body of the victim by drinking and launchinging it, and Defendant C also set the entrance to prevent the victim from escape.
As above, the Defendants conspired to commit harsh acts such as assaulting the victim for about 10 hours and assaulting the victim.
Summary of Evidence
1. Defendants’ respective legal statements
1. Legal statement of witness E;
1. Previous convictions indicated in the judgment: Criminal history records, references to criminal records, reports on results of confirmation before and after each disposition, investigation reports (Attachment to related decisions and summary orders), application of Acts and subordinate statutes to the status of personal identification and confinement;
1. Defendants of relevant legal provisions concerning criminal facts: Articles 277(1) and 30 of the Criminal Act
1. Defendant A from among repeated crimes: Article 35 of the Criminal Act (Inasmuch as there exists a previous conviction of robbery);
1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act (mutual crimes, such as attempted special robbery for which each crime and judgment have become final and conclusive);
1. Defendant B and Defendant C: Article 62(1) of the Criminal Act is below the suspended sentence.