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Reasons
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(영문) 대구지방법원 서부지원 2020.07.23 2020고합143
특수강도미수
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A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On May 26, 2020, the Defendant parked the Defendant’s automobile in front of the second floor parking lot of the CY 2nd underground located in the Seogu, Daegu, Daegu, on May 13:50, 202, along with the second floor parking lot of the C, the victim D (n.e., the victim D, 58 years of age) parked in front of the ENS car owned by the victim, and the victim took a clerical error. The victim opened the above NAS car driver’s seat in the above NAS 29cc., which was not a moment the victim got on board the NAS car and went through the trial, and opened the above NAS car driver’s seat in the above NAS 29cc., which was a deadly weapon (16cm in total length, kn.e., 16cc., the victim was forced to withdraw the money and valuables, but the victim was forced to move to the back of the vehicle, and did not have attempted to move to the direction of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

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

2. Sentencing Criteria: The sentencing criteria shall not apply to an attempted offender; and

3. The crime of this case committed by the Defendant with a lethal weapon and attempted to take money from the victim, which is a bad thing in light of the method, method, etc. of the crime, and the victim seems to have considerable mental impulse due to the crime of this case.

The defendant recognized the crime of this case and is against the defendant, and the crime of this case was committed against the victim.

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