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(영문) 수원지방법원 2017.03.16 2017고단408
강도예비
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 4 shall be confiscated.

Reasons

Punishment of the crime

On December 2016, the Defendant purchased a knife (35cm in total length, 24cm in length on the day), a knife (23cm in total length, 8cm in length on the day), a blue tape, a stock farm bed, etc. at an influent steel store located in the Yeongdeungpopo-gu Seoul, Youngpo-gu, Seoul around the end of December, 2016, and had been able to have had past records of committing the crime.

On January 20, 2017, the Defendant prepared robbery by carrying dangerous weapons purchased, such as knife knife, knife, knife tape, blue tape, and stock farms, which were deadly weapons purchased, with a view to robbery in front of D toilets located in Suwon-si C, Suwon-si, Suwon-si, and committing the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation, CCTV for the purpose of investigation, and photograph of a CCTV for the purpose of crime prevention after capturing it;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 342 of the Criminal Act applicable to the crime;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant had already been sentenced to a suspended sentence of imprisonment with labor for special robbery in 2009, and even though he had had had the record of being sentenced to imprisonment with labor for robbery in 2012, he again prepared the knife, knife and knife, which is a lethal weapon, and committed the instant crime. In light of the form and content of the relevant crime, the nature of the crime is very poor and the risk of recidivism is high, it is necessary to punish the Defendant with strict punishment corresponding thereto.

However, considering the fact that the defendant is against the wrongness, the fact that the commission of robbery has not commenced, etc., the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime.

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