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(영문) 대구지방법원 서부지원 2017.01.26 2016고합234
강도미수
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who works for a construction day.

1. On March 17, 2015, the Defendant came to the residence of the victim D (Woo, 89 years of age) located in Daegu-gun Si, Daegu-gun, Daegu-gu, and confirmed whether the victim was married around the house, and then entered the house through open door to confirm whether the victim was married, and the victim was unable to commit an attempted crime by preventing the victim from suffering with his/her hand and driving on the part of the victim with another hand while preventing him/her from suffering from suffering from being able to escape. The Defendant tried to force him/her from the victim with his/her money, but attempted to keep him/her away from the second to the Defendant, thereby leading him/her not to commit an attempted crime.

2. On September 19, 2016, at around 15:25, the Defendant was living in and around the above victim’s residence. Around 15:30 on the same day, the Defendant: (a) when verifying whether the victim was married in and around the house; (b) on the same day, the non-indicted male, who is the seat of the victim, entered the house to open a house of the victim; (c) has a mushroom with one hand of the victim; (d) has a blue with another blue with the victim’s breast part; and (e) has prevented the victim’s resistance by taking the part of the victim’s chest with the other blue part; and (e) has prevented the victim by taking the part of the victim’s chest; (e) has requested the victim to receive money and valuables, but the victim did not have attempted to commit the act by asking the Defendant’s selling to the flue part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each investigation report (in-depth inspection of the site chief executive officer and the moving route of suspects, hearing of statements by victims);

1. Articles 342 and 333 of the Criminal Act concerning the facts constituting an offense;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed for the attempted robbery on September 19, 2016, with heavier punishment);

1. The Criminal Act for mitigation of quantity;

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