(영문) 전주지방법원 2015.01.29 2014고합295

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2015.01.29 2014고합295

특수강도미수

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On November 23, 2014, at around 04:35, the Defendant: (a) discovered that the entrance was not opened, and had a knife, a lethal weapon (No. 1, 22.5cm in total length, approximately 12.5cm in length), and a tape for packing (No. 3) prepared in order to enter the room and take a knife a cigarette on the left side of the victim who gets out of the room; and (b) tried to pressure the victim’s resistance and take money and other valuables back; (c) but, (d) the Defendant got out of the room through the escape and the escape of the victim who had been in other sound.

Accordingly, the Defendant, carrying a deadly weapon as above, led the victim to force him to withdraw money and valuables, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes, such as appearance and seized articles at the time of arrest;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. The sentencing criteria shall not apply since the confiscation is an attempted crime for the reason of sentencing under Article 48(1)1 of the Criminal Act.

The crime of this case committed by the defendant by carrying a deadly weapon into his residence, and then forcibly withdrawal of the property from the victim, and the liability for the crime is not against the law.

However, the defendant's mistake is unfolded and reflected in depth.

참조조문

유사 판례

-전주지방법원 2014.05.19 2013고합207

-대구지방법원 서부지원 2013.05.23 2013고합47

-대구지방법원 서부지원 2021.04.22 2021고합45

-서울중앙지방법원 2015.12.24 2015고합958

-서울서부지방법원 2014.04.01 2013고합438