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(영문) 울산지방법원 2018.12.21 2018고합252
특수강도미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On October 22, 2018, the Defendant tried to take a knife the knife, which is a deadly weapon ( approximately 29cm in total length, approximately 17cm in knife length) holding in the back of the Defendant’s knife with the Defendant’s knife knife knife with the Defendant’s knife with the Defendant’s knife with the Defendant’s knife, knife, knife knife, which is a deadly weapon ( approximately 29cm in length, about 17cm in knife in knife), and failed to resist and resist the Defendant’s knife on the part of the victim’s knife, knife the Defendant’s knife with the Defendant’s hand, and knife the Defendant’s knife from the knife.

Accordingly, the defendant carried a deadly weapon and failed to bring about an attempted withdrawal of the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (for a victim's husband's statement);

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. Statutory mitigation (unapplicable number of mitigation) Articles 25 (2) and 55 (1) 3 of the Criminal Act;

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. Article 62-2 of the Criminal Act on the observation of protection;

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and three months to seven years; and

2. The range of recommended sentences according to the sentencing criteria: since they are minor offenders, the sentencing criteria need not be applied.

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