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Reasons
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(영문) 수원지방법원 2016.04.19 2015고합699
특수강도미수
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A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 3 shall be confiscated.

Reasons

Criminal facts

In order to commit robbery, the Defendant had prepared a knife (23cm in length, 12cm in length, 12cm in knife, 2cm in knife), knife (Evidence No. 1), knife (Evidence No. 3), knife (Evidence No. 3), and knife the place where the Defendant committed the robbery.

On November 14, 2015, the Defendant: (a) entered the upper limit of 19:50 on the 14th day of Ansan-si, Annsan-si, Annsan-si, to purchase precious metal.

In order to show this, the victim E (n, 44 years old) turned back back back to the back, and she prevented the victim from suffering due to the above hand.

As a result, the defendant tried to take property from the injured party by displaying the knife, which is a deadly weapon prepared in advance, and selling the victim's head several times with a knife, etc.

However, when the injured party spawn away from the defendant and requested assistance from others, the defendant escaped and did not bring about such intent, and did not commit an attempted crime.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness E;

1. Police seizure records;

1. Reports on internal investigation by the police and reports on investigation by each police (verification of CCTV at the scene of crime, attachment of household photographs owned by the victim, and investigation by the her husband of the suspect);

1. Records of robbery;

1. Response to a request for appraisal;

1. Photographss of CCTV recording, photographs of damaged parts, etc. of the victim, and records of the relevant photographs;

1. Application of the Acts and subordinate statutes concerning CCTV storage CDs;

1. Relevant Article of the Criminal Act and Articles 342, 334 (2), 334 (1), and 333 of the Criminal Act concerning the selection of criminal facts;

1. Article 25(2) and Article 55(1)3 of the Criminal Act that attempts to commit an offense;

1. Article 53, Article 55 (1) 3, and Article 55 (2) of the Criminal Act (the punishment shall be repeatedly mitigated in consideration of the circumstances favorable to the defendant among the following grounds):

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The defendant shall assault the victim who operates precious metal shop.

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