(영문) 서울동부지방법원 2015.07.24 2015고합125

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) 서울동부지방법원 2015.07.24 2015고합125

강도미수

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Criminal facts

On May 15, 2015, at around 02:57, the Defendant: (a) discovered the victim C (at the age of 37) returning home on the street in front of 106 gold-dong treatment apartment 106 in Seongdong-gu Seoul, Seongdong-gu, Seoul, 2015; (b) brought the victim to the left hand, thereby preventing the victim from suffering; and (c) led the victim to the left hand; and (d) led the victim to force the victim to withdraw money and valuables, and (d) led the victim to force the victim to withdraw money and valuables, but the victim did not go against his intention, such as his sound and the Defendant’s handing.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C to the Act

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

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

1. The crime of this case with reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following reason for sentencing) is an attempted crime, and the sentencing criteria are not applicable.

In this case, it is necessary to punish the Defendant strictly considering the following: (a) the Defendant’s strong withdrawal of the property of a woman returning to Korea at night is a case of attempted crime; (b) the Defendant made a considerable fear to the victim in light of the time and circumstances of the crime; (c) the Defendant selected a female victim vulnerable to the crime and committed the crime of this case; (d) the victim was able to injure himself in the course of resistance against the Defendant; (e) robbery against women may lead to a sex crime, etc.; and (e) robbery against women may lead to a crime such as robbery; and (e) the Defendant has a criminal record of having been punished several times due to larceny

However, the degree of assault committed by the victim is relatively minor, and there is no particular material damage since the crime of this case was committed in the attempted crime, there is room for the defendant to repent with the birth in 1987, and it is against the crime of this case, and the age, character, character, environment and environment of the defendant are other.

참조조문

유사 판례

-서울동부지방법원 2015.08.19 2015고단1681

-서울북부지방법원 2019.02.15 2018고합421

-수원지방법원 안산지원 2013.09.06 2013고합150

-서울고등법원 2015.04.07 2014노3932

-대구지방법원 안동지원 2014.10.23 2014고합49