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.

Punishment of the crime

The Defendant prepared a knife, which is a lethal weapon in advance (total length of 20cc, 11cc., 11cc., No. 1), and tried to forcibly take money and valuables at a convenience store without customers. On March 25, 2014, around 04:32, 2014, the Defendant went into the convenience store located on the first floor of the building in the Dong-gu, dong-gu, dong-gu, Seoul, Seoul, and carried a knife, which was carrying a knife at the left seat, carried the knife, knife, with the hand carried the knife of the victim, and failed to resist the victim by threatening the victim as “the value of money with knife is a tax base,” and tried to forcibly take money and valuables, but the victim resisted the knife from the Defendant, and attempted to commit the act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the preparation of judicial police assistant to E;

1. A report on the occurrence of robbery, investigation report, site photograph, etc., investigation report (on-site investigation and leaflet), front page of the suspect, investigation report (in the course of tracking and arresting the suspect), cctv video, uniforms, photographs, etc. of the suspect at the time of committing the crime;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure, evidence of seizure and photographs of seized articles;

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 extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Whether or not to apply the sentencing criteria: The sentencing criteria shall not be applied as an attempted crime.

3. Determination of sentence: Imprisonment with prison labor for 2 years and 6 months, and suspended execution for 3 years, the crime of this case is committed on the new wall by the defendant entering a convenience store, threatening the victim with a knife, which is a deadly weapon, and the crime is likely to be committed, and the criminal act of this case is likely to be committed, and thus, the crime of this case does not cause particular physical damage.