본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
서울남부지방법원 2016.05.27 2016고합170

특수강도미수

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as in the absence of living expenses as a unemployed person, was entering the “D User” on the first floor of Gangseo-gu Seoul Metropolitan Government C underground, and had been working therein with a deadly weapon in order to raise money by threatening employees with a deadly weapon.

On April 10, 2016, at around 20:00, the Defendant: (a) carried jackacks (21.5 cm in total length, 9.5 cm in length) with a lethal weapon, and entered the victim E (55 cm in length) with kacks (5 cm in the face of the victim; and (b) there is no sound.

In the context of intimidation, the victim’s withdrawal of money after the victim was prevented from resisting. However, the victim did not have any money to the effect that the victim was unable to resist, but did not have such money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of seizure records (voluntary submission) and photographs of criminal tools to statutes;

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. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Code does not apply to the crime of this case.

Considering the fact that the defendant tried to take property by using the knife, which is a deadly weapon that can kill or injure people, and that the victim seems to have suffered a large mental impulse due to the above crime, the liability of the defendant is not exceptionally.

However, it is more favorable to sentencing factors, such as the fact that the Defendant fully acknowledges the instant crime and reflects his mistake, that the instant crime was committed against the attempted crime, that the victim does not want the punishment of the Defendant, that the Defendant requested the victim to report the damage after having committed the instant crime committed, but the victim immediately voluntarily surrendered when the victim refused to do so.