beta
(영문) 제주지방법원 2019.10.31 2019고합107

강도미수

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

At around 2017, the Defendant borrowed KRW 150,00 from the bank and borrowed KRW 100,000 from the branch and borrowed KRW 100,000 from the bank. around 2018, the Defendant lost KRW 30,000 while gambling in around 2018, in order to look back with the business failure, and had other persons receive money by threatening other persons while suffering economic difficulties due to lack of property and monthly income.

On June 10, 2019, at the “C soup” parking lot located in Seopopo City B on June 13:11, 2019, the Defendant discovered that the victim E (e.g., aged 52) gets on board a passenger car set up in the parking lot in order to take the money and valuables of another person and to return home, while the Defendant embling the object of crime within his/her own vehicle (D active transport vehicle).

The Defendant: (a) opened the rear door of the victim’s vehicle and opened the rear door of the victim’s vehicle; (b) prevented the victim from resisting the victim by threateninging the victim’s back part of the victim’s vehicle; (c) attempted to take money and valuables from the victim; (d) the victim resisted the victim’s vehicle with the front part of the victim’s vehicle; and (e) did not carry money and valuables from the victim; (e) the victim took part of the victim’s vehicle with the victim’s driver’s seat, and opened the front door of the victim’s vehicle and opened the front door of the victim’s vehicle, and opened the victim’s vehicle with the victim’s rear part of the vehicle

Accordingly, the defendant tried to take property of the victim by assault or intimidation, but did not bring about such intent, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Recording recording recording and reporting;

1. 112 reported details;

1. Application of Acts and subordinate statutes to report internal accidents (the results of the on-site CCTV verification);

1. Articles 342 and 333 of the Criminal Act applicable to the crimes;

1. Reasons for sentencing under Articles 25 (2) and 55 (1) 3 of the Criminal Act to be mitigated legally;

1. The scope of punishment by law: