(영문) 수원지방법원 안산지원 2013.05.10 2013고합91

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(영문) 수원지방법원 안산지원 2013.05.10 2013고합91

특수강도미수

Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, in return for the promise to marry with the victim C (here, 28 years of age) who was living together with the Defendant, followed on March 12, 2013, from around 23:00 to around 09:00 on March 13, 2013, brought the victim several times to KRW 3 million on several occasions, but tried to withdraw KRW 3 million from the bank by threatening the victim who did not pay money to the victim.

At around 09:30 on March 13, 2013, the Defendant, “Around 09:30, at the victim’s house, sent the victim a kitchen (total length: 31cc., 18cc.) owned by the Defendant to “A” bank, and sent the victim a kitchen (total length: 31cc., 18cc., c., c.) on the part of the victim’s house to “A” and sent the victim a kitchen (total length: 31cc., c., c., c., c.). After the decline, the Defendant got the victim to go against the victim by threateninging the victim with the driver’s seat while going to a bank via a car with the driver’s seat, and then, the Defendant tried to force the victim to withdraw KRW 3 million from the said bank on the front of the No. 1211-8 of the same day. However, the Defendant was arrested to the police officer who was

Thus, the defendant, while carrying a deadly weapon, tried to take the victim's property by force, but attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

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

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

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Code of Confiscation is committed by the defendant, by threatening the victim with a knife, which led to attempted withdrawal of money from the victim. The defendant uses the knife, which is a deadly weapon, as a criminal tool, and the victim is a large amount of crime of this case.

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