logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.09.06 2012고합556
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant worked in D’s “D” operated by the Victim C (the age of 56) for about six months, but did not receive the overdue wage of two million won, and claimed in the victim’s house to have his/her property taken over, and purchased a knife (the blade length of 28 centimeters) and knife knife knife, which is a dangerous object.

On August 29, 2012, around 18:30 on August 29, 2012, the Defendant took the knife in the bank in the corridor No. 102, 1002, 1002, the Defendant tried to take money by cutting off the knife with the victim C and his denial F (the age of 52), and by suppressing the victim's resistance, the Defendant attempted to take money by force, but the Defendant did not go through the Defendant's hand and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of each seizure record, seized articles and photographs statute;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 342, 334 (2) and (1), 333 of the Criminal Act selecting a penalty. Article 333 (Selection of Imprisonment with Labor);

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act (Attempted Crimes) of the Criminal Act mitigated by law;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Since the confiscation is an attempted criminal for the reason of sentencing under Article 48(1)1 of the Criminal Act, the sentencing criteria of the Supreme Court Sentencing Committee shall not apply.

In light of the fact that the Defendant’s crime of this case, while carrying a knife knife that the Defendant prepared and sought the victim C with the victim’s knife and changing the amount of KRW 2 million, the Defendant’s attempted to withdraw money, and that the Defendant prepared the commission of the crime, such as the method and frequency of the crime, knife, and the knife, etc.,

However, the defendant confessions the crime of this case and objects to it, and the crime of this case is committed against the attempted crime.

arrow