(영문) 서울중앙지방법원 2018.5.4. 선고 2018고합310 판결

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive. One knife (No. 1) shall be returned to the victim C.

Reasons

Criminal facts

1. Attempted special robbery;

On March 14, 2018, around 15:20 on March 14, 2018, the Defendant threatened the victim F (75 years of age) of the victim F, who was at the street store in Dongjak-gu Seoul Metropolitan Government, with a saw-top (30cm in length on a saw-top (30cm in length on a saw-top), which was a deadly weapon in the street store, with the victim’s saw-top (30cm in length on a saw-top).

The Defendant, as set forth in Paragraph 2 below, had a knife (1.5 million won) knife, which is a lethal weapon, at a restaurant near the victim, and threatened the victim to “I will die without being aware of 1.5 million won,” thereby coercing the victim’s resistance and raising money from the victim. However, the Defendant did not have the intent to escape and attempted to escape.

2. Larceny;

On March 14, 2018, at around 15:30, the Defendant: (a) entered the H restaurant of the victim C’s operation in Dongjak-gu Seoul Metropolitan Government by using the cresh of the victim’s cresh; and (b) took a 10,000 won knife of the market price at that cresh; and (c) stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of F and C;

1. 112 reported case handling lists and field photographs;

1. Records of seizure, list of seizure, and photographs of seized articles;

1. Each investigation report (referring to the counter investigation of the victim, reporting on each telephone statement against CF);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 342, 334(2) and (1), 333 of the Criminal Act (the attempted special robbery, the choice of limited imprisonment), and Article 329 of the Criminal Act (the occupation of larceny and the choice of imprisonment)

1. Statutory mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act (the crime of attempted special robbery and attempted special robbery)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply to concurrent crimes resulting from a crime of attempted special robbery (within the scope of the sum of the long-term punishments of the above two crimes)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Return to a victim;

Article 333(1) of the Criminal Procedure Act provides reasons for sentencing; 1. The scope of applicable sentences by law: Imprisonment with prison labor for a year from March to 21 years;

2. Scope of recommendations according to the sentencing criteria;

(a) Attempted special robbery;

The sentencing criteria are not set.

(b) Larceny;

[Determination of Type] 4 thief for General Property

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Recommendation Decision] The range of final recommendation according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than one year and three months (the crime for which the sentencing guidelines are set and the crime for which no sentencing guidelines are set are set are concurrent crimes under the former part of Article 37 of the Criminal Act; therefore, only the minimum limit of the recommended punishment for the crime for which the sentencing guidelines are set shall be observed, and the lower limit of the applicable sentencing standards is lower than the minimum limit of the statutory applicable sentencing standards, and thus, the lower limit of the applicable sentencing standards is set at the lower

3. The instant crime committed by the sentence is that the Defendant demanded money by threatening the elderly elderly elderly elderly elderly elderly elderly elderly workers with a deadly weapon, and in the process, the Defendant committed an attempted crime and stolen the knife knife that would threaten the said victim at a nearby restaurant, and the nature and risk of the crime are not somewhat weak in terms of the method and risk of the crime.

However, there are favorable circumstances such as the fact that the defendant is aware of the person who has committed a crime with the victim's street keepers, the crime of robbery was committed and the victim does not want to be punished, the thief does not have the same criminal record, and the thief does not have the criminal record, and the defendant repents the mistake through the life of confinement.

In addition, considering the age, character, conduct and environment of the defendant, motive and consequence of the crime, circumstances revealed after the crime, etc., the punishment shall be determined as ordered and the execution thereof shall be suspended.