A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

피고인은 2014. 10. 30. 03:25경 군포시 C에 있는 피해자 D(여, 48세) 운영의 E 호프집에서 모자와 안대로 얼굴을 가리고 장갑을 낀 채 흉기인 칼(전체 길이 약 20cm, 칼날 길이 약 10cm)을 준비한 후 위 호프집 방에 들어가 그곳에 누워 있던 피해자의 입을 왼손으로 막고 오른손으로 준비한 칼을 피해자의 옆구리에 들이대고 ‘도니모 아라죵'(donnez moi l'argent, ’돈 주라‘는 뜻의 프랑스말)이라고 말하여 금품을 강취하려고 하였으나, 피해자가 피고인을 밀쳐내며 소리를 지르는 바람에 그 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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. The sentencing criteria shall not apply to an attempted crime of discretionary mitigation, as it is for the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (a favorable circumstances among the reasons for sentencing below).

In light of the fact that the Defendant prepared to commit the instant crime, such as knife, etc. in advance and forced and withdraw money and valuables from the flacker, and the Defendant committed the instant crime, and the nature of the crime is bad, and the victim did not take any measures to recover from damage even though it appears that the victim had suffered considerable mental impulse, it is inevitable to sentence the Defendant to be sentenced.

However, considering the favorable circumstances, such as the fact that the crime of this case was committed in the attempted crime, the fact that the defendant was aware of his mistake and took an attitude against the defendant, and other factors such as the age, character and conduct, environment, family relationship, circumstances after the crime, etc., based on the sentencing precedents of the same kind of case, the punishment as the disposition of this case shall be determined in full view of all the conditions

It is so decided as per Disposition for the above reasons.