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(영문) 서울동부지방법원 2019.10.31 2019고합275
특수강도미수등
Text

A defendant shall be punished by imprisonment for two years.

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

1. At around 10:30 on June 26, 2019, the Defendant stolen one kitchen, the market price of the victim C owned by the victim at the 1st floor in Gangdong-gu Seoul Metropolitan Government and the siwon’s kitchen (32 cm in total length, 21 cm in length).

2. On June 26, 2019, at the E convenience store located in Gangdong-gu Seoul Metropolitan Government, the Defendant attempted to take money and valuables from the victim by threatening the victim FF (the 23 years of age) who was an employee, and by threatening the victim to “10,000 won,” as referred to in the foregoing paragraph (1), and by threatening the victim to take money and valuables from the victim. However, the Defendant attempted to take money and valuables from the victim with no cash and did not take money in cash.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Investigation reports (Analysis CCTVs at the scene of the incident);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Articles 342, 334 (2) and (1), 333 of the Criminal Act (the point of attempted special robbery and the choice of limited imprisonment), and Article 329 of the Criminal Act concerning criminal facts;

1. Article 25(2) and Article 55(1)3 of the Criminal Act for mitigation of attempted robbery (as to the crime of attempted special robbery)

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes within the scope of adding up the maximum period of the crimes of attempted special robbery which are heavier than punishment);

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 extenuating circumstances among the reasons for sentencing);

1. The defendant is a person who has a habit of drinking alcohol and is in the military with alcohol dependence, and has committed a crime corresponding to imprisonment without prison labor or heavier punishment, as a person under probation and medical treatment order under Article 62-2 of the Criminal Act, subparagraph 2 of Article 2-3 and Article 44-2 of the Medical Treatment and Custody, etc. Act. The defendant's condition, the details and details of the crime in this case, and before and after the crime.

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