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(영문) 대전지방법원 서산지원 2020.05.06 2020고합15
특수강도미수
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A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who works as a delivery engineer for a foreigner of Chinese nationality, had been living in China due to the problem of sending living expenses to his family members, etc., and had been willing to take money by threatening others with a deadly weapon.

On February 22, 2020, the Defendant: (a) discovered the victim D (a) who was walking on the street in front of the Sinjin-si, Sinjin-si, using a friendly acid and her cell phone call, and she was exposed to a mobile phone; (b) sought an industrial knife (a total length: approximately 23 cm, a knife: 10cc., a knife: 10cc.) that was prepared in advance for the knife hand by using the victim’s knife while driving the knife in front of the Guljin-si, Sinjin-si; and (c) tried to drive the knife in front of the victim’s knife and the victim’s mobile phone without reporting the knife to the victim’s knife, but failed to report the knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D (alias) and F;

1. Each protocol of seizure and the list of seized articles and photographs thereof;

1. Application of Acts and subordinate statutes to each internal investigation report (the No. 4 through 9 of the evidence list), investigation report (the No. 22,35,36, 37 of the evidence list);

1. Article 342 of the relevant Act and Articles 334 (2) and (1) of the Selective Act concerning the facts constituting an offense;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. Scope of punishment: Imprisonment with prison labor for a period of two years and six months to 15 years;

2. Scope of recommending sentencing criteria: The sentencing criteria shall be the attempted crime.

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