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(영문) 광주지방법원 2015.03.18 2015고합35
특수강도미수
Text

Defendant shall be punished by imprisonment for a term of 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

On January 26, 2015, the Defendant, at the D convenience store located in Gwangju Mine-gu, 14:20 Gwangju, carried out a knife of the victim E (the 30-year-old age), who is an employee, and the knife (the knife length of the knife) that is an object dangerous to the chest, and threatened the victim with “to set off the knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Statement made in compliance with the statement of E prepared by a senior judicial police officer;

1. Statement made in conformity with the F's statement prepared by the assistant judicial police officer;

1. Application of Acts and subordinate statutes to the effect that the records of seizure prepared by the assistant judicial police officer have been seized by the defendant;

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. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the risk of recidivism is low, as the defendant has no record of criminal punishment and the mother of the defendant is guiding, and as family ties are clear, possibility of edification

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order (the fact of imprisonment);

1. On May 2014, the Defendant purchased a knife knife to be used for committing the instant crime on January 26, 2015, while serving as a security staff position, with the intent of lending money to his natives after retirement from May 2014, or making soup living at a sobrying room, with the intent of taking out the knife knife to be used for taking out the property whose living costs fall short, and on the same day, 11:38 make on the same day.

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