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

Probation of the accused shall be ordered and community service for 200 hours.

A seizure of any one (No. 1) shall be forfeited from the accused.

On May 25, 2016, at around 13:00, the Defendant purchased one set (No. 40cm) (No. 1) to be used for committing a crime with the intent of robbery in Chuncheon-si C. From around 02:00 to 04:00 of the following day, the Defendant used the set in possession of the set and set up one set to be used for committing a crime, and applied for the purpose of taking money and valuables from the visitors.

On May 27, 2016, around 01:25, the Defendant: (a) at the bus stops in front of the F point in Chuncheon Sincheon-si, the Defendant, while under the influence of alcohol, unloaded the upper part of the victim’s head to the G (the age of 59) who was seated in India, once again, and tried to collect the victim’s property from the victim’s property, but he did so on the wind at the victim’s resistance, and sustained two weeks of treatment for about two weeks, such as an open wound.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. A H statement;

1. Each investigation report (related to specific suspect, reporting on number of suspects, and timing for purchasing criminal suspect tools);

1. Two copies of a medical certificate and a copy of the details of passbook transactions;

1. Five copies of photographic photographs, five copies of CCTV images of a suspect escape route, and five copies of photograph (a investigator);

annex 63 pages)

1. One telecom (No. 1);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 337 of the Criminal Act, Selection of limited imprisonment

1. Mitigation of self-denunciation;

Articles 52(1) and 55(1)3 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Probation and community service order;

Article 62-2 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and nine months to seven years; and

2. Application of the sentencing criteria;

[Determination of Punishment] Type 2 (Special Robbery) where the result of an injury to a robbery has occurred

[Special Aggravations] Aggravations: Victims vulnerable to crimes.

Reduction element: Where the result of injury has occurred, but the basic offence is attempted;

Members not subject to punishment, number of persons

[Determination of the Recommended] Specially Adjusted Reduction Areas (at least two special mitigations than those under special mitigations)

Since it is a case, the lower limit of sentence recommended by the sentencing guidelines shall be reduced to 1/2)

[Scope of Recommendation] Imprisonment with prison labor for not less than one year and six months but not more than six years

[Scope of recommendations modified by applicable sentences under law] Imprisonment with prison labor for not less than one year and not more than 9 months but not more than 6 years

3. Determination of sentence: Imprisonment with prison labor for one year and nine months, and three years of suspended sentence; and

In light of the fact that the Defendant prepared to commit the instant crime against the victim, who was under the influence of alcohol, was committing the instant crime against the victim, and the head of the victim was taken off due to the loss and the occurrence of the bodily injury, such as tearing, etc., the injury cannot be deemed to be minor. Considering that the Defendant appears to have caused a very serious risk to cause a serious result, the nature of the relevant crime is very heavy.

However, the poor family environment and difficult economic circumstances of the defendant are as follows: (a) one of the motive for the crime of this case; (b) the degree of injury does not seem to have been very serious; (c) the commission of robbery was committed in the attempted crime; (d) the defendant voluntarily surrenders himself; (e) the defendant was able to repent his mistake in depth; and (e) the defendant was a primary offender with no record of crime until now; and (e) the victim agreed upon by the defendant and the victim that the victim did not want the punishment of the defendant, etc. shall be considered as favorable to the defendant; and (e) other circumstances, such as the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime of this case; and (e) various circumstances, which are the condition for sentencing as shown in the records and arguments, and opinions of jurors about the sentencing of the jury

Jurors verdict and Sentencing Opinion

1. A verdict of guilt or innocence;

○ "guilty": Seven jurors (at a unanimous meeting)

2. Opinions on sentencing

○ Jurors: Imprisonment with prison labor for one year and nine months, suspended execution for three years, probation and community service order (the detention).

For more than one reason, the instant case is decided as ordered through a participatory trial according to the defendant's wishes.

Maap Young-young

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