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(영문) 서울북부지방법원 2014.02.18 2013고합408
특수강도미수
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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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant prepared a kitchen, kitchen, and a pasture with his mind that his human being who falls away from living expenses would be able to take money and valuables against the convenience store in which the employee works mixed.

On December 15, 2013, the Defendant came to the “D convenience store” located in Gangnam-gu Seoul Metropolitan Government on December 15, 2013, and confirmed that there was no customer by quiquier who made a plan for convenience store by leaving the cemetery prepared in advance to the convenience store, and then ordered 1 A cigarette to be put to the victim E (Nam, 20 years of age) who is an employee, and the victim tried to make an escape report by taking advantage of the system of no money and other valuables to the police, but the Defendant tried to make an escape by taking advantage of the system of no money and other valuables.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Statement of the police statement of the victim;

1. Records of seizure, list of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes on receipt of tobacco for convenience stores to each investigation report, CCTV photographs at the scene of the crime, moving routes of the suspect involved in CCTV at time, CCTV photographs and clothes worn when committing the crime, and tobacco purchase receipts for convenience stores;

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

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

1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,

1. Confiscation Article 48(1) of the Criminal Act

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