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(영문) 광주지방법원 2018.06.15 2018고합162
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 03:40 on February 19, 2018, the Defendant discovered the victim E (the 20 years of age) who passed the place in front of the DPC located in Gwangju Mine-gu, Gwangju, and followed the victim, and led the victim to drinking once the head part of the victim's hair, and led the victim to suppress the victim's resistance by preventing the victim from suffering from his left hand, and then, the Defendant attempted to cut the victim from one phone in an amount equivalent to one million won at the market price of the victim's hand, which was used by the victim's hand. However, the victim did not go through the wind of the defendant's left hand and resisting the victim's right hand, and attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to closed circuit outputs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The sentencing criteria for the attempted robbery shall not apply to the attempted crime; and

3. Determination of sentence: The Defendant’s crime of this case for a period of one year and half years of suspension of the execution of one year and six months is committed against the attempted withdrawal of the victim E’s property, and the crime of this case is not committed, and the victim appears to have undergone considerable mental impulse due to the instant crime, etc., is disadvantageous to the Defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant led to the crime of this case and reflects his mistake, that the degree of force of the defendant's use of the victim is not much serious, and that the crime is committed and attempted, that the victim does not want the punishment of the defendant, and that the defendant is the first offender who has no record of criminal punishment.

The age, sex, environment, method, circumstances, and crime of the defendant.

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