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(영문) 서울중앙지방법원 2012.10.12 2011고합502
강도미수등
Text

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

Reasons

Punishment of the crime

1. On September 30, 2010, around 19:40 on September 30, 2010, the Defendant entered the victim D 63 years of age in the charges of robbery as '53 years of age' before the Gwanak-gu Seoul Special Metropolitan City Park, but according to the statement, such as the written statement of D (investigative Record 23 pages), it is obvious that the Defendant is a clerical error

(2) After discovering the body of the victim, the victim attempted to take money from the victim when she saws the face of the left arms, and failed to take the face of the neck, and then to take money from the victim. However, the victim D resisted to his intent and failed to do so. 2. On the framework of the Emart in Seoul Special Metropolitan City, Gwanak-gu, Seoul, around 20:0 the same day, the Defendant was put to the victim G (the 56 years old, and the 3.0 years old, the 56 years old, and the 4.0 days in this case, the Defendant continued to drive from the victim G (the 5.0 years old, the 56 years old, and the 4.0 days in this case, the Defendant sustained the victim's her vegetable vegetable, and caused the victim's injury, such as the left-hand vege part, which requires treatment for about 2 weeks.

Summary of Evidence

1. The Defendant’s partial statement at the time of committing the crime stated to the effect that, although he was unable to properly memory the situation because he was in custody at the time of committing the crime, the victim’s statement was considered to be a fact-finding and recognized

1. Each police statement made to D, G, F, H, and I;

1. Written statements of D and F;

1. A medical certificate;

1. Application of Acts and subordinate statutes to field photographs and investigation reports (the relative investigation of police officers dispatched to the site);

1. Articles 342 and 333 of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment) concerning facts constituting an offense;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. The defendant and his defense counsel asserted that the defendant and his defense counsel were in a state of mental disability under the influence of alcohol at the time of the defendant's allegation of the defendant and defense counsel under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act

According to the records, the defendant's drinking prior to committing the crime is true.

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