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(영문) 대전지방법원 천안지원 2019.09.04 2019고합141
강도미수
Text

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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 20, 2019, at around 16:50, the Defendant: (a) purchased dys from the victim D (the age of 84) who sold agricultural products in Asan City B; (b) attempted to cut the dys to deliver the dys, but the victim did not put the dys to the dys, put the dys to the dys; (c) did not take the dys to the dys of the dys; (d) the dys of 36,00 won at the market price of the dys sold by the dys; and (d) the dys of the dys were prevented by the dys; and (e) the dys were forced by the dys of the dys; (e) the dys were put to the dys, and (e) the dys were not subject to tax

Summary of Evidence

1. Defendant's legal statement;

1. Written statements and written statements of investigation process;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Articles 342 and 333 of the Criminal Act applicable to the 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Since an attempted crime is not subject to the sentencing criteria.

3. Determination of sentence: One and half years of imprisonment, and three years of suspended sentence, the defendant committed robbery against an elderly victim who is vulnerable to the crime of selling agricultural products in a low market, and the crime is deemed to be bad, and the defendant was not able to receive a letter from the victim.

On the other hand, it seems that the defendant recognized the crime of this case, and caused the crime of this case to be somewhat contingent under the influence of drinking.

It did not have much amount of money that the defendant tried to take by force, but did not have attempted to commit a crime.

The defendant has no record of punishment heavier than a fine for more than 40 years.

In addition to these circumstances, the age, character and conduct, the environment, the motive and background of the crime, and the situation after the crime is committed.

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