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(영문) 창원지방법원 2013.06.20 2013고합107
특수강도미수
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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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On April 19, 2013, at around 14:52, the Defendant: (a) discovered the victim E (the age of 51) (the age of 51) who walks nearby the “D” in Kimhae-si, Kim Jong-si, and (b) discovered the victim’s property in mind, and followed the victim’s back, she attempted to satise the victim’s property, and then satise the victim’s face and knife the knife, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif knif knif.

Summary of Evidence

1. Defendant's legal statement;

1. Second written examination of the accused by the prosecution;

1. Statement to E by the police;

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

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

3. Article 62 (1) of the Criminal Act;

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

5. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act requires the defendant to be held liable corresponding to the crime in light of the following: (a) the crime of this case is committed by threatening a victim who has been passing through the alleyway, which is a deadly weapon, to force and withdraw money by threatening him; (b) the crime of this case is highly likely to be very bad and dangerous; and (c) the defendant was unable to receive a letter of intent from the victim or to agree with him

However, the defendant recognized his mistake and reflects his depth, the crime of this case is committed with attempted attempts, the defendant has no criminal record of suspended execution or more, and the defendant has considered his economic difficulties, while committing the crime of this case.

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