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(영문) 수원지방법원 평택지원 2017.02.17 2017고합6
특수강도미수등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On December 28, 2016, the Defendant: (a) around 16:00, at E main points operated by the victim D (n, 51 years of age) located on Pyeongtaek-si C2; (b) the Defendant placed the victim’s right chest on the cell line, which is a dangerous object prepared in advance, on a one-time basis, on the part of the victim’s knife part of the treatment days for treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. On December 28, 2016, the Defendant attempted to take money and valuables from the victim G (n, 60 years of age) located in Pyeongtaek-siF on December 28, 2016, and attempted to take two kitchen-blades ( approximately 30 cm in total length, approximately 18 cm in length), a dangerous weapon prepared in advance, on both hand, in two fingers of the victim’s face, and by threatening the victim to “a money change”, and then by threatening the victim to resist the victim, the Defendant tried to take money and valuables from the victim, but did not go against the wind of the victim from the surrounding customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer in G or D;

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

1. Relevant legal provisions of the Criminal Act and Articles 342, 334(2), 334(1), 333 of the Criminal Act (the attempted special robbery and the choice of imprisonment with labor), and Articles 258-2(1) and 257(1) of the Criminal Act concerning the crime (the occupation of special injury);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes prescribed for the attempted special robbery heavier than the punishment is added);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years and not more than six months but not more than 20 years;

2. The sentencing criteria for the attempted special robbery and the crime of special injury are not set.

3. The crime of this case by sentence decision is a victim D with knife.

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