(영문) 인천지방법원 부천지원 2012.11.23 2012고합241

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(영문) 인천지방법원 부천지원 2012.11.23 2012고합241

강도미수

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 became final and conclusive.

Reasons

Punishment of the crime

On December 6, 2011, from around 23:30 to 23:40 on the same day, the Defendant discovered that the victim D (here, 65 years of age) returned home while having opened an apartment complex of Kimpo-si from around 23:30 to around 23:40 on the same day. The Defendant was willing to collect money following the victim.

Until the above apartment building 101, the Defendant got the victim from a cresh that does not have any way in the surrounding area by inducing the victim from the cresh, thereby suppressing the victim's resistance by one hand, and then inducing the victim's resistance, and then, the Defendant attempted to raise the victim's money to deduct the victim's money from the victim's money by stating "in the city, .................., the amount of the victim's attempt to go to the nearby guard room."

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on the field stimule images and field photographs;

1. Articles 342 and 333 of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., circumstances favorable to the defendant among the reasons for sentencing) is that the defendant is forced to withdraw property from the victim, and the criminal nature of the crime is not bad, and the criminal situation is not mitigated, and no damage recovery has been made against the victim.

However, the sentence shall be imposed as ordered by taking into account all the circumstances that form the conditions for sentencing specified in the pleadings of the instant case, such as the fact that the commission of robbery was committed in the attempted crime, the fact that there was no criminal record for the same kind of crime, the fact that his mistake is seriously reflected in the Defendant’s age and character, the motive of the crime, and the circumstances after the crime.

참조조문

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