(영문) 서울동부지방법원 2014.06.27 2014고합146

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(영문) 서울동부지방법원 2014.06.27 2014고합146

특수강도미수

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant had a great deal of mobile phone charges and other economic circumstances to make it difficult for him to take money and valuables into consideration.

Around 23:30 on May 2, 2014, the Defendant discovered that the victim C (here, 24 years of age) was walking around the entrance area 6 of the 2nd-dong in Gwangjin-gu Seoul Special Metropolitan City, and the victim was entering his dwelling area in Gwangjin-gu, Seoul Special Metropolitan City.

Accordingly, the Defendant, after entering the victim’s residential gate, tried to take the victim’s neck and shoulder by hand and force the victim’s shoulder with approximately KRW 2.50,00,00 of the market price, which was the possession of the victim, but did not commit an attempted act by escaping, when the victim gets sound and resisted.

Accordingly, the defendant invadedd the victim's residence at night, and tried to take the property by force, but attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (Uniforms and photographs at the time of damage to the victim C)

1. Relevant Article of the Criminal Act and Articles 342, 334 (1), and 333 of the Criminal Act concerning the choice of punishment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria shall not apply to an attempted crime on the basis of whether or not the sentencing criteria are applied.

2. Determination of sentence is a case in which the defendant intrudes on the residence of a victim returning home at night and forcibly withdraws the victim’s property. Considering the time and circumstances of the crime, it is inevitable to strictly punish the defendant, taking into account the fact that the victim made a considerable fear of fear, danger of the crime, etc.

However, the crime of this case is committed in the attempted crime, and the defendant agrees with the victim.

참조조문

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