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(영문) 춘천지방법원 원주지원 2013.05.30 2013고합20
특수강도미수
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

At around 06:10 on February 6, 2013, the Defendant tried to take money and valuables from the victim by threatening the victim D (the 18-year old age), who was an employee after entering the convenience store in Won-si, to take a knife the knife (the knife, the 44cm in total length, the knife length, 26cm in length) with a deadly weapon prepared in advance, and by threatening the victim to "do not have money, opening a safe, to request money," and then forced the victim to take money and valuables from the victim. However, the victim tried to take the part of the emergency bell, and the employee of the guard company was not dispatched to that effect, and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Application of related Acts and subordinate statutes;

1. Article 342, 334 (2) and (1), and 333 of the Criminal Act applicable to the crimes and Articles 342, 334 (2) and (1) of the Criminal Act;

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 consideration shall be made again for the reason of sentencing);

1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,

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

1. The scope of applicable sentences: Imprisonment for not less than two years and six months to 15 years;

2. Scope of recommending punishment: Imprisonment with prison labor for not less than two years and six months to four years: Robbery and special mitigation factors of punishment: Decision on the recommended area of not to grant punishment: Reduction area.

3. Determination of sentence: Imprisonment with prison labor for 2 years and 6 months, and suspended execution for 3 years, the crime of this case requires strict punishment for the defendant in light of the following: (a) the defendant's attempt to force and withdraw money by knife his employees on the convenience store; and (b) the nature of the crime is bad and highly dangerous.

However, the defendant led to the confession and reflect of the crime of this case, the crime of this case is committed against the attempted crime, only the defendant's minor fine records exist, and the victim at the time.

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