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(영문) 대구지방법원 김천지원 2015.06.16 2015고합38
특수강도미수
Text

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

The seized kitchen shall be confiscated by one kitchen (No. 1).

Reasons

Punishment of the crime

On March 28, 2015, at around 04:51, the Defendant confirmed that the victim D (the 50 years of age) was married, at the convenience store operated by the victim D (the 50 years of age), the Defendant: (a) confirmed the victim of the above convenience store; (b) took the kitchen, which is a deadly weapon, in his hand, in preparation for the convenience store; and (c) opened the kitchen, the above kitchen, which is a deadly weapon, into the above kitchen, displayed the victim; and (d) opened the kitchen with the above kitchen, and opened the kitchen with the above kitchen, and made the victim’s sound “in the calculation of tax base, of tax base, of tax base, of tax amount, of 00,000 won, 10,000 won, 10,000 won, and 10,000,000 won, and tried to make a report to the police officer of the crime by threatening the victim’s attempt to return the same to the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. An investigation report (to attach ctv closure data);

1. Application of the Acts and subordinate statutes to photographs and tools of crime scene;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 342 and 334 (2) and (1) of the Criminal Act which choose a penalty;

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. The defendant and his/her defense counsel in determining the assertion of the defendant and his/her defense counsel under Article 48(1)1 of the Confiscation Criminal Act asserted that the defendant had weak ability to discern things or make decisions due to mental illness at the time of the crime in this case.

It is recognized that the Defendant stated in the police and this court that “I have received mental and medical treatment. I have received hospitalization for one year with depression, and I have the second degree of mental retardation disorder.” However, the Defendant suffered from mental illness at the time of the instant crime.

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