(영문) 서울북부지방법원 2014.10.02 2013고합290

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(영문) 서울북부지방법원 2014.10.02 2013고합290

강도미수

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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant had economic difficulties, and the victim C (the age of 59) was able to enter a large room operated by the mixed person and to take the property as a guest.

At around 15:00 on June 8, 2013, the Defendant got a guest from the “E’s operation of the said victim located in Gangnam-gu Seoul Metropolitan Government, to sit on the tables.” While other customers continued to be out of the zone, the Defendant was towing the victim’s body to the warehouse located on the side of the zone, leading the victim’s body to the “Seuri-gu”, leading the victim’s body to the “Seuri-gu,” and leading the victim’s body to the “Seuri-gu,” while leaving the zone, the Defendant took the opportunity for other customers to sit on the table. However, the Defendant failed to commit an attempted act by reporting that the other customers enter the zone, and did not escape.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes on site photographs

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

1. The crime of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (a favorable circumstance among the reasons for sentencing below) is committed by attempted attempted by the defendant to assault the victim and forcibly take property of the victim, but other customers enter. In light of the fact that the victim suffered a large amount of physical or mental shock and pain due to the crime of this case, the victim did not reach an agreement with the victim, and that the defendant escaped during the trial of this case, it is necessary to strictly punish the defendant.

However, taking into account the fact that the Defendant committed the instant crime, committed multiple offenses, committed an attempted crime, committed by the Defendant, committed a fine of KRW 200,000,00 in violation of the Military Service Act, and there is no record of any particular criminal punishment other than that sentenced to a fine of KRW 200,000,000, and immediately immediately forward to the investigation agency, the Defendant’s age, character, environment,

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