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(영문) 서울남부지방법원 2020.09.11 2020고합172
특수강도미수
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On April 3, 2020, the Defendant: (a) around 23:05, at the front of the “C” way in Guro-gu Seoul Metropolitan Government on April 23:05, the Defendant used a kitchen (30cm in total length, 18cm in length) which is a lethal weapon on the left hand to the victim D (the age of 48) who passed the said place; (b) “Handbag, handbag, hring,” while saving the victim’s timber in a string,” and “baging the victim’s timber,” and then, (c) took the victim’s a way into the alley, did not resist the victim’s money and valuables, and (d) did not resist the victim’s money and valuables. However, the Defendant did not have attempted to flee by taking the blades of the kitchen, and resisting the kitchen, and doing so.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. Statement made to D by the police;

1. Report on the occurrence of a crime (the attempted robbery No. 1), report on internal investigation (related to the seizure of articles of evidence No. 5), internal investigation report (the tracking of the moving route of the suspected suspect), report on internal investigation (the tracking of the moving route of the suspected suspect), the movement route (the No. 10, 11 of the evidence list), investigation report (the identification of the suspect), the previous criminal act of the suspect, the arrest of the suspect, and the comparison form (the No. 12, 13 of the evidence list), investigation report (related to the prior preparation of the criminal attempt of the suspect), and the list No. 17);

1. 112 Report Statement (Evidence No. 2) Application of Acts and subordinate statutes to each seized article photograph (Evidence No. 6, 9,16)

1. Article 342 of the Criminal Act and Articles 342 and 334 (2) and (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

2. Reasons for sentencing under Articles 25 (2) and 55 (1) 3 of the Criminal Act to be mitigated legally;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years;

2. The sentencing criteria do not present the scope of recommendations for attempted crimes of other crime groups except murder crimes. Accordingly, the sentencing criteria do not apply to this case.

3. Determination of sentence: Imprisonment with prison labor for the crime of this case in two years and six months shall be a woman who returned home with a deadly weapon by the defendant at night.

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