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(영문) 대구지방법원 2019.07.12 2019고합176
특수강도미수
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 22, 2019, the Defendant entered a convenience store for the purpose of preparing living expenses, and tried to force money and valuables by threatening knife employees, and entered a convenience store located in Daegu-gu Dong-gu B, Daegu-gu on April 22, 2019, and presented to the victim C (the age of 43) who was working in the above convenience store, with a deadly weapon prepared in advance (the age of 23.5cm in total length, 12.5cm in length on the day). The Defendant attempted to force money and valuables by threatening the victim’s resistance. However, the Defendant did not go against the wind of other customers who observed it.

Accordingly, the defendant, carrying a deadly weapon, tried to take the victim's property by force, but did not bring about an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement C, D, and E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (including evidence list Nos. 9, 10, and each accompanying material), investigation report (including evidence list Nos. 12 and accompanying material);

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for two years and six months to fifteen years;

2. Not applying the sentencing criteria: An attempted offender is not subject to the sentencing criteria.

3. Determination of sentence: Imprisonment with prison labor for three years (five years of suspended sentence), the crime of this case is deemed to have committed robbery while carrying a deadly weapon.

However, the defendant is recognized as committing a crime and is against the law.

The Defendant, at his own discretion, states that the Defendant’s new age without any money to treat the money to solve the following day and to go to the detention center for the next day, would be improved.

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