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A defendant shall be punished by imprisonment for two years.
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 is a student of the elementary school under the victim C(n, 21 years of age).
The Defendant, with the knowledge that the victim was not in possession of ordinary money and goods, assaulted or threatened the victim to suppress his resistance, and forced the victim to take money possessed by the victim. From October 7, 2014, from around 23:09 to around Kimcheon-si, she worn the son and son, son and gate, and concealed him for about three hours at around the house of the apartment victim.
Defendant: The same month following the following day;
8. Around 02:12, the victim discovered that he was getting on and off the elevator before his house, the elevator door gets the victim's left hand, and gets the victim out of the elevator, and intending to suppress the victim's resistance.
However, the Defendant did not commit an attempted crime because of the wind of resistance, such as the victim's sound, the opening of his house door by hand, etc., and the escape did not bring about the intent of escape.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to police investigation reports (limited to clothes worn by a suspect at the time of committing a crime, to be accompanied by on-siteCCTV images, and to take photographs;
1. Article 342 of the Criminal Act; Article 333 of the Criminal Act concerning the crime;
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 reason for sentencing under Article 62(1) of the Criminal Act for the crime of robbery is that the crime of this case is committed in favor of the defendant, waiting for the victim before the victim's house for robbery, and the defendant is forced to withdraw money and valuables from the elevator. In light of the content of the crime and the method of the crime, etc., the nature and the circumstances of the crime are heavy, and the fact that the defendant has not been used yet from the victim is disadvantageous to the defendant.
On the other hand, the crime of this case is committed against the attempted crime, and the defendant reflects his mistake.