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(영문) 서울남부지방법원 2016.05.12 2015고합510
강도미수
Text

A defendant shall be punished by imprisonment for two years.

A unit (Evidence No. 1) of a seized newspaper shall be confiscated.

Reasons

Punishment of the crime

[Criminal history] On January 24, 2014, the Defendant was sentenced to two years of imprisonment for robbery, etc. at Seoul Southern District Court, and completed the execution of the sentence on November 25, 2015.

[Criminal facts] The Defendant, with the aim of preparing living expenses, had his personal convenience store and had his employee receive money and valuables from his employee.

On December 1, 2015, at around 04:56, the Defendant came before the D convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as “convenience store”) and came to the convenience store by removing the front section of the advertisement on which the neighboring house was attached to the wall and making it possible to put it into the wall and put it into the convenience store.

The Defendant discovered the victim E (48 3) who is an operator of convenience store, and added the paper that was made as if the victim was knife to the face of the victim, and "I am knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant tried to forcibly take property of the victim by threatening the victim, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. E statements;

1. Images of (CCTV) video clocks, and (CCTV) visual observation devices (CCTV);

1. Protocols of seizure, list of seizure, and photographs of seized articles (the records of the judgment);

1. Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, report on investigation (a repeated crime and attachment of criminal records and identical criminal records), personal identification/ confinement status;

1. Articles 342 and 333 of the Criminal Act concerning the facts constituting the crime;

1. Article 3 of the Act on Special Cases concerning the Punishment of Specific Cggravated Crimes, proviso to Article 42 of the Criminal Act;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 2011)

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

1. The scope of punishment by law: At least one year and six months;

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