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(영문) 인천지방법원 2016.10.27 2016고합636
강도미수
Text

A defendant shall be punished by imprisonment for not less than one year 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

On August 6, 2016, at around 03:05, the Defendant reported the victim E (the 37 years of age) who was living in the front of the Nam-gu Incheon Metropolitan City D, and then pushed the victim into the wall to sit down on the floor, and the victim forced the victim to scam so that the victim can scam so that scam and scam the victim's resistance, and attempted to cut the Samsung Galthro S3 smartphone in an amount equivalent to KRW 300,000 in the market value of the victim's ownership, but at the same time, F, the residents of the Dong Dongdong-gu, where scamed, tried to listen to the victim's secret scamthy and scambling to the Defendant and the Defendant, and escaped the said smartphone as it is.

After all, the defendant tried to take the victim's property by force, but attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. To capture CCTV images of a control center;

1. Application of Acts and subordinate statutes to report on investigation (verification of oil products, verification of field CCTVs, hearing of victim telephone statements, telephone conversations of victim, telephone conversations of witness, and confirmation of damaged goods);

1. Articles 342 and 333 of the Criminal Act applicable to the crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly taken into consideration for the defendant during the period of suspended sentence);

1. The sentencing criteria are not set for the crime of attempted robbery of the reason for sentencing under Article 62-2 of the Criminal Act;

The defendant had attempted to suppress the victim's resistance and forcibly withdraw property by violent means, such as following a female victim who was returning home in the middle of the middle of the middle of the middle of the middle of the year.

This is a very dangerous crime by itself, and the victim seems to have suffered physical and mental shock due to the above crime. Therefore, the defendant should be punished with severe punishment corresponding to it.

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