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(영문) 인천지방법원 2018.07.06 2018고합241
강도미수
Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Criminal facts

In order to raise living expenses, etc. due to economic difficulties, the defendant put a wooden machine of about 10 cm in the length of 10cm in the main machine where the defendant was suffering in order to use it as a criminal tool for committing the crime.

On January 10, 2018, when the Defendant was found to be subject to the crime as seen earlier D in Seo-gu Incheon, Seo-gu, Incheon around 19:20, the Defendant reported that the victim E (the age of 47 years) entered the said D and went into the said D, and subsequently, the Defendant sent the victim’s money by threatening the victim to the effect that “I am going to come out of the said tree water, and I am to withdraw KRW 3 million, because I knife knife knife knife knife knife knife knife knife).”

It is difficult to report to a defective investigative agency that “the crime was abandoned and escaped.”

Accordingly, the defendant had been forced to withdraw the victim's property, but did not have attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report investigation (the inspection of CCTVs in banks where crimes occur);

1. Articles 342 and 333 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from fifteen years to fifteen years;

2. The sentencing criteria for the attempted robbery shall not apply to the attempted crime; and

3. Determination of sentence: A sentence of imprisonment with prison labor for one year and six months, and a suspended execution for three years is that the crime of this case is committed by a female victim, who is vulnerable to the crime, and the crime of this case is committed by the defendant, and the nature of the crime is not good, and the victim seems to have received a considerable mental shock due to the crime of this case, etc., which is disadvantageous to the defendant.

The defendant confessions the crime of this case and reflects his mistake, and the defendant uses it to the victim.

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