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Reasons
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(영문) 서울북부지방법원 2015.04.17 2014고합162 (1)
특수강도미수
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Defendant shall be punished by imprisonment for not less than two years and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 17, 2014, the Defendant and Co-Defendant C (hereinafter referred to as “C”) together with Ematete in Dobong-gu Seoul, Seoul, and conspired to get off the knife money by entering a female mixed shop in order to punish the drinking value, and notified the Defendant that C has a knife (20cm in knife length) on a nearby FF garden, and carried the knife knife in the knife knife in the above knife., and the Defendant carried the knife in the knife knife.

Around 18:10 on February 17, 2014, the Defendant and C called “I” house of the victim H (I, 46 years old) located in Dobong-gu Seoul Metropolitan Government G, and called “I,” but rejected the Defendant’s refusal, saying, “I,” “I, frighten, fright,” and read, “I, fright, frighten, fright, fright, fright, of the victim’s neck, which is a deadly weapon in possession of the Defendant fright, fright to the part of the victim’s neck, and fright to the victim’s neck.”

As a result, the Defendant and C tried to take property by carrying a deadly weapon jointly and by threatening the victim, thereby preventing resistance. However, the Defendant and C tried to take the property by force, but the victim took the above knife with knife by hand, knife the Defendant's knife and knife the Defendant's knife and knife the Defendant's knife,

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement of H;

1. Application of Acts and subordinate statutes on seizure records;

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;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. The proviso to Article 62-2 (1) and (2) of the Criminal Act for probation;

5. Sentencing sentencing under Article 48(1)1 of the Criminal Act.

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