However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On April 5, 2018, at least 01:20, the Defendant approach the victim D (25 years of age, female) (hereinafter “instant crosswalk”) behind the crosswalk located in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant crosswalk”), and led the victim to the underground report that was 29 meters away from his place to the degree of 29 meters, and led the victim to the victim’s resistance, and forced the victim to take the instant mobile phone equivalent to one million won at the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of the police interrogation protocol of the accused (second time)

1. Each police officer's statement (victims' statement) and each protocol of statement (second time), and the protocol of statement (third time);

1. Written statements of D;

1. A medical doctor E's death diagnosis and treatment feet;

112 Report details, on-site identification reports, investigation reports-site and ctv investigation reports (CCTV tracking investigation, etc.);

1. Investigation record of seizure;

1. Determination as to the assertion of the defendant and his/her defense counsel on the scene of the investigation, such as field map, field photo, etc., photo of damaged articles, suspect's movement, etc., face-to-face photo of the victim at the scene of the crime, ctv page photo, etc. showing the criminal suspect's escape route, presentation of the situation of the crime, distance at the scene, etc.

1. The Defendant and his defense counsel tried to temporarily use and return the instant mobile phone from the victim at the time of committing the instant crime. There was no assault or intimidation to suppress the victim’s resistance, such as cutting down the instant mobile phone and cutting down the victim’s grandchildren, and there was no intention to illegally obtain the instant mobile phone.

2. Relevant legal principles

A. There is a case where a person commits a theft of property by using force, such as so-called “Japanese”, thereby harming or causing injury to the victim.