(영문) 수원지방법원 안산지원 2019.06.26 2019고합114

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2019.06.26 2019고합114

특수강도미수

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On April 25, 2019, the Defendant, at around 2019, had the pressure on the obligation to pay back with a deadly weapon, had the Defendant take away money, etc. by threatening others. On the same day, on around 20:28 of the same day, the Defendant placed the criminal attempt and appearance knife (total length: 30cm, 19cm: : 19cm) that was prepared in advance in the inner machine, and found the victim B (here, 12 years old) that would be mixed with the Defendant, while driving the way to do so.

Since then, the defendant was in front of the residence of the victim in Sititu City, the defendant was in front of the residence of the victim in Sititu City, followed by the victim who opened the gate, and then cut the knife with the left hand of the victim, cut the knife, which is a deadly weapon prepared in advance by the knife hand, knife, kniff in the knife, and knife off the knife, kniff in the house, and forced the victim to withdraw the property by threateninging the victim, but the victim did not go through the wind and open the knife and close the door as it is, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Records of investigation of victims;

1. On-site photographs, internal reports (in-depth investigations, etc.), and CCTV analysis marks;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of blades);

1. Article 342, 334 (2) and (1), and 333 of the Criminal Act applicable to the crimes and Articles 342, 334 (2) and (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Not applying the sentencing criteria: An attempted offender; and

참조조문

유사 판례

-서울동부지방법원 2019.01.31 2018고합345

-청주지방법원 2017.05.16 2016고단2844

-춘천지방법원 영월지원 2015.01.15 2014고합45

-수원지방법원 안산지원 2015.04.10 2015고합27

-서울남부지방법원 2015.01.22 2014고단4626