(영문) 서울서부지방법원 2016.02.17 2016고합1

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자간(%)

(영문) 서울서부지방법원 2016.02.17 2016고합1

특수강도미수

Text

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

excessive one percent (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

On December 22, 2015, around 17:10 on December 22, 2015, the Defendant: (a) held excessive (12 cm length, 23 cm length, 23 cm in total) that is a dangerous object for the purpose of taking property from the “E”, “E,” where the Victim D (V) located in Seodaemun-gu Seoul Metropolitan Government, with the aim of taking property from the perspective of “E,” and (b) held in his/her locking machine; (c) had the victim disposed of the goods.

In order to show, the floor of the lushed hand that gets into the port of the victim at one time, and entered the luter where cash, etc. is kept continuously.

The defendant, who tried not to keep the head of the victim in cash, 3 to 4 times as drinking, and dumped the victim with a single hand, and forced the victim's resistance.

Afterwards, they did not commit an attempted crime but did not commit an attempted crime on the wind that is arrested by F, which is another customer, having been recorded in the above precious metal even though it was opened to take the cash away.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on seizure records;

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 (unauthorized Crime) of the Criminal Act mitigated by law;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act for the crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act are exemplary crimes, and the sentencing guidelines do not

The crime of this case was committed by visiting a female victim's shop several times with excessive possession of dangerous objects by the defendant, and then obstructing the victim to check the place of crime and force the victim to withdraw the property, and the nature of the crime is not very good.

The Defendant, prior to the instant crime, committed the instant crime, even though he had been sentenced to eight times or more as well as the punishment for the same crime, again committed the instant crime.

The victim was under serious fear due to the crime of this case.

참조조문

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