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(영문) 서울북부지방법원 2018.09.14 2018고합320
특수강도미수
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the Defendant had no money while living in a justic fiber site, etc., and the distribution was cut off, the Defendant was willing to enter a restaurant with a red boom that caused the past Kim(s) and to force money and valuables.

On July 28, 2018, the Defendant, at around 22:15, 2018, called “D” in the middle-gu Seoul Metropolitan Government, was a professional store for Kim (hereinafter “D”), and went to an attempted crime without having the intent to get the knife knife, which was a deadly weapon on the entrance side of the entrance, to gather knife a knife ( approximately 27cm in the knife length, approximately 40cm in the total length), and to make the knife in front of the kitchen at the entrance of the Defendant, who was an employee who was prepared to make the knife Kim (e.g., the knife, 57 years old), by threatening the victim so that the victim may not resist, and forced the victim and other employees to take the property from the damaged, but the Defendant did not go to the wind.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Scarf photographs;

1. Application of Acts and subordinate statutes to a investigative report (CCTV verification and a counter investigation by witnesses);

1. Articles 342, 334 (2) and (1), and 333 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Period of punishment by law: Imprisonment for not less than two years and six months to 15 years; and

2. The sentencing guidelines are not applicable to the scope of recommended sentences based on the sentencing guidelines: (a) the instant crime committed on March 3, 200 is that the Defendant took a knife, a lethal weapon (not less than 27 cm in length, not more than 40 cm in total length), and the Defendant’s liability may not be less and less than that of the Defendant in light of the circumstances, means, methods, etc. of the crime.

However, since the crime of this case was committed with multiple attempts, the physical and economic damage suffered by the victim is not serious, and the defendant commits the crime of this case.

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