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(영문) 서울중앙지방법원 2017.07.06 2017고합471
특수강도미수
Text

A defendant shall be punished by imprisonment for two years.

Seized one knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On April 27, 2017, at around 10:10, the Defendant tried to take money and valuables from the damaged person by threatening the victim E (M, 35 years old and knee kne kne kne kne kne kne kne kne kne kne kne kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn,

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police for E;

1. Police seizure records and list of seizure;

1. Application of deadly weapons, photographs, CCTV CD-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 342, 334 (2), 334 (1), and 333 of the Criminal Act concerning the selection of criminal facts;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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

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

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply as they are exemplarys.

3. Determination of sentence: Imprisonment with prison labor for two years [unfavorable circumstances], the defendant carried a deadly weapon with him, and entered a store in which the female victim was in mixed management and received money and valuables, and received money and valuables from him/her.

Although the victim complained of considerable mental impulse and was punished against the defendant due to the crime of this case, the defendant has not made any effort to recover damage.

In addition, in light of the attitude of the defendant in the investigative agency and in this court, there is a question as to whether the defendant is seriously against his criminal act.

A defendant is sentenced to special larceny.

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