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(영문) 서울중앙지방법원 2015.12.24 2015고합958
특수강도미수
Text

A defendant shall be punished by imprisonment for not less than two years 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

The defendant had a mind to receive money and valuables by entering a monthly or short convenience store due to the difficulty of the situation in the daily work life.

On September 27, 2015, around 02:21, the Defendant: (a) took a deadly weapon, which was prepared in advance at the D convenience store located in Gwanak-gu in Seoul Special Metropolitan City, into the inside of the knickter; (b) took a flock of the victim E (21 years old); (c) took an employee’s hand into the knick; and (d) took an attitude toward the knick of the victim, who was in the knick hand; and (c) took the knick of the victim, who was in the knick hand, by threatening the company where the knick was going.” However, the Defendant did not take money from the knick other customer entering.

Accordingly, the defendant, while carrying a deadly weapon, tried to forcibly take another's property by threatening the victim, but did not bring about such intent.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. E statements;

1. Records of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes, such as each investigation report, a CCTV closure photograph, an escape route map and mobile route map, and photographs of the suspect's attachment (Evidence List Nos. 2-17, 21, 22);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration of favorable circumstances, etc. among the reasons for sentencing);

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

1. Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. An attempt to commit a crime based on the sentencing criteria, and thus the sentencing criteria shall not apply.

3. The Defendant, who has been sentenced to sentence, entered a convenience store with lethal weapons, and forced to withdraw money and valuables at night.

It shall not be deemed that the Criminal Procedure Act is dangerous and interviewed and that the crime is less light.

However, the crime was committed against the attempted crime.

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