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(영문) 대구지방법원 2015.09.25 2015고합365
준강도미수
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 30, 2015, around 00:30 on July 30, 2015, the Defendant entered the family of the victim D (n, 85 years of age) who is a senior citizen living together with Yongcheon-si C, and intrudes into the inside through the house, and colors money and valuables for the purpose of theft of the victim's property.

In order to evade arrest of the shoulderer, the victim who was diving knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

E, who listens to the victim's non-defluence and resides next to the victim, does not escape from the wind that he/she opens and enters the victim's inner door and does not bring about such intention.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to report internal fire-fighting (including the verification of CCTV images of the F building, accompanying photographs), internal fire-proof reports (including fire-proof photographs, E, etc.);

1. Articles 342, 335, and 333 of the Criminal Act applicable to the crimes;

1. Legal mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. There is no sentencing criteria for the crime of the reason, quasi-Robbery and attempted robbery in the sentencing of Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds).

In light of the fact that the crime of this case committed by the Defendant intrudes upon another person's residence at night and steals things, and assaults the old victim to escape arrest during attempted crime, and that the crime is very serious in light of the applicable criminal law, etc., it is necessary to punish the Defendant strictly.

However, the defendant has a depth of and reflects the defendant's mistake, the degree of damage of the victim is relatively minor, the victim does not want the punishment against the defendant, the defendant does not have any criminal record of the same kind, and there is no criminal record exceeding the fine, and the defendant's age, character and behavior, living environment, family relationship, motive and circumstance of the crime, means and result, etc.

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