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(영문) 부산지방법원 서부지원 2017.06.29 2017고합13
강도미수
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 4, 2017, while under the influence of alcohol around 00:30 on February 4, 2017, the Defendant: (a) called "E" from the main points of the trade name called "A" operated by the victim D (63 taxes, n.e., the Defendant demanded again to change the drinking value that was previously calculated for the victim; (b) the victim refused this request; (c) the victim refused it; (d) the flobbbage of the victim; (d) the chest and face of the victim; and (e) the victim’s chest and face were flobed; and (e) the victim was pushed the victim with the wall, and the victim’s hair and face were flobed with the wall; and (e) the victim flo

“In the course of intimidation, the victim’s body was satisfyed by drinking, etc., and tried to forcibly take the victim’s property after suppressing the victim’s resistance. However, the victim was not satisfying and escapeing the Defendant, but failed to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to the scene of damage and photographs of damaged wife;

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Reduction of a small amount (a favorable circumstance among the following reasons for sentencing) under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act, which is favorable to the following grounds for the suspension of execution (the following grounds for sentencing)

1. The defendant and his defense counsel acknowledged the fact that the defendant fats the victim's fat, pusheds the victim with fat, or fats the victim's fats, or fats the victim's fats, but asserted that the victim did not stop and fat the victim's fat, and did not assault the victim in the inside room as described in the facts charged.

The victim, at the investigative agency, the defendant saw the drinking value in the table, and assaults the victim at the bar, and paid money in order to avoid violence, and led to the defect room in the Gu.

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