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(영문) 서울서부지방법원 2016.06.20 2016고합93
특수강도미수
Text

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

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

Reasons

Punishment of the crime

The Defendant, while living in the vicinity of C Station, was sleeped, was raising money to the female sleep.

Therefore, on April 18, 2016, the Defendant: (a) around 17:20, the human being in front of Yongsan-gu Seoul Special Metropolitan City D in the alley of D; (b) was in possession of a tree mone, a deadly weapon (10cc in length, 10cc in diameter, 10cc in diameter, 10cc in fluor 1) located in the neighboring garbage site; and (c) was in use of a mountain by the victim E while waiting for approximately 20 minutes of a crime; and (d) was left behind by the victim, the Defendant tried to get the victim away from the ground floor of Yongsan-gu Seoul Special Metropolitan City, by putting the victim’s resistance, such as flading the wooden mon, flading the flading, and flading the victim, but the victim did not have attempted to kill the victim by "the victim was a person with a strong wind," and the victim failed to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the existing Acts and subordinate statutes to one (No. 1) of the tree iron bars confiscated;

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. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

1. Sentencing is not applicable since the reason for sentencing under Article 48(1)1 of the Criminal Act is not the case.

1. Scope of punishment by law: Imprisonment for not less than one year and not more than three months but not more than seven years and not more than six months;

2. Determination of sentence: One and half years of imprisonment, and two years of suspended sentence, the crime of this case shall be committed by carrying a deadly weapon which may cause a risk to the life and body of the defendant and shall be committed to the attempted withdrawal of the money and valuables of the victim.

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