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(영문) 광주지방법원 목포지원 2015.10.29 2015고합83
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, in the state of having lost the ability to discern things or make decisions due to the damage network, etc., was in the state of having the ability to discern things or make decisions, on May 28, 2015, at the D point of the National Bank of Korea, the Defendant: (a) at the D point of the National Bank of Korea, Mapo-si on May 28, 2015, occupied the victim E (the age of 52), the site location of which is the site location, and threatened the Defendant with “in-house” ( approximately KRW 24 cm in total length, approximately 12 cm in length) as a deadly weapon prepared in advance; (b) however, the Defendant did not have attempted to keep cash from other bank employees

Summary of Evidence

1. Defendant's legal statement;

1. E police statement;

1. Records of seizure and the list of seizure;

1. A photograph of a crime tool and CCTV images taken in a bank;

1. Mental health and physical disability: Application of Acts and subordinate statutes to a suspect's written diagnosis, suspect's disability diagnosis report, and mental diagnosis report;

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. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

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

1. Probation under Article 62-2 of the Criminal Act;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is deemed to have been committed by threatening the victim, who is a deadly weapon prepared by the defendant in advance, to force the withdrawal of property and to have committed an attempted crime.

However, the facts charged of this case are recognized and reflected by the defendant, and there is no record of punishment for the same kind of crime, and the defendant suffers from the right-hand anti-math and cerebral lele disorder, and it seems that the defendant committed the crime of this case in a state of mental disorder caused by the damage network, etc., and the crime of this case is about attempted, and the defendant seems to have committed the crime of this case in a state of mental disorder due to the damage, etc., considering the circumstances favorable to the defendant, such as the defendant's age, character, behavior, family relationship, health condition, etc.

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