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(영문) 대전지방법원 2019.01.17 2018고합414
준강도미수
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

(2) On July 8, 2018, the Defendant: (a) around 06:26 on July 8, 2018, the Defendant: (b) opened a entrance in front of the Daejeon Taedong-gu Daejeon; (c) opened the entrance in a non-fluoring manner; and (d) 37,000 won in cash owned by the victim by inserting hand on the left back of the part of the victim D (the age of 59) who was divingd at that place; and (c) deducted one wall from the market price of KRW 150,000 in the E Bank card, one copy of the E Bank card, and one copy of the F Credit Card; and (d) the victim was fluored with the victim’s escape from diving; and (e) the victim committed assault once the victim’s right side by drinking at the left hand for the purpose of evading the arrest of the sounder.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of the CD-related Acts and subordinate statutes to store field photographs, investigation reports (Attachment of victim's body photographs), CCTV images, field identification photographs, and field identification photographs;

1. Articles 342, 335, and 333 of the Criminal Act applicable to the crimes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly taken into consideration)

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. Although the sentencing criteria are not applicable to the attempted range of recommending sentences according to the sentencing criteria, the sentencing criteria are not applicable. However, the general criteria for the sentencing criteria (the scope of recommending sentences) are referred to as the following. Type 1 (General Robbery) and the special mitigation area (9 to 3 years) [special mitigation persons] to escape arrest, simple assault and threat, and no penalty surcharge are imposed to escape arrest:

3. Determination of sentence: Imprisonment with prison labor for 10 months, and suspended execution for 2 years, the crime of this case shall be deemed to have been committed by the victim by stealing the wall of the victim by entering the guest room where the victim stayed, and committing violence against the victim.

However, it is relatively easy for the assault to escape arrest, and the defendant is the defendant.

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