(영문) 부산지방법원 2014.11.28 2014고합704

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.11.28 2014고합704

특수강도미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized knife (No. 2) shall be confiscated.

Reasons

Punishment of the crime

On October 10, 2014, the Defendant: (a) took the back seat of the taxi in the vicinity of the subway station located in the subway station located in the Bupyeong-gu, Busan (58 years old); and (b) took the back seat of the taxi located in the subway station located in the subway station, and moved to the ri-gu, Busan (Sari-gu); (c) took a deadly weapon type (13 cm a day length, 20 cm a total length) holding in the front of the 2nd apartment in Busan (13 cm a day length, 20 cm a deadly weapon) under the victim’s item, thereby suppressing the victim’s resistance by threatening “in the city of law and law of law,” but the victim’s escape from the said taxi was not achieved the wind that the victim was getting out of the taxi because he was her center.

Accordingly, the defendant carried a deadly weapon and received a strong withdrawal of the victim's property, and the defendant attempted to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C or D;

1. A report on the occurrence of an event (special robbery), investigation report (matters reported in 112 cases);

1. Video recorded CDs in taxi image recording devices;

1. Application of existing Acts and subordinate statutes of one blade (No. 2) seized;

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. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Determination of the assertion of mental disorder under Article 48(1)1 of the Confiscation Criminal Act is deemed to have been under the influence of alcohol at the time of the instant crime, but in light of various circumstances such as the background leading up to the Defendant to the crime, the method of the crime, and the situation before and after the instant crime, it cannot be deemed that the Defendant did not have the ability or decision-making ability to discern things at the time of the instant crime.

The reason for sentencing (the scope of sentencing) is to apply the sentencing guidelines from March to June of 7.

참조조문

유사 판례

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