A defendant shall be punished by imprisonment for not less than three years and six months.

Punishment of the crime

At around 23:41 on December 2, 2008, the Defendant tried to forcibly take money and valuables at “E” convenience stores located in Nam-gu Incheon Metropolitan City, Dong-gu, Incheon, with the intent of taking money and valuables forcibly, and possessed knife (40 cm in length, 25 cm in length) from the Defendant’s house inside the convenience store, with the intent of taking the knife inside the above convenience store, and threatened the victim F (22 years old), who is an employee, with the above knife in the face of the knife, “in the city of internal taxation and taxation of money in the safe,” but the Defendant tried to take money and valuables. However, the Defendant failed to take the body knife the body of the Defendant carrying the knife with the body of the Defendant who was carrying the knife, and caused the victim to open the right side side of the Defendant requiring medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Confirmation of fingerprinting the robbery case;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to the field map and CCTV-fagrix photographs and to the crime tool photographs;

1. Relevant Article 337 of the Criminal Act concerning the facts constituting an offense and Article 337 of the Election of Imprisonment;

1. Determination on the assertion by the defendant and his defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)

1. The gist of the argument was the robbery itself committed by the defendant, and the victim's wife was not caused by the assault and intimidation of the defendant, but by the victim's body fighting and the victim's knife the knife. Thus, there is no causal link between the defendant's act and the victim's bodily fighting, and thus, the defendant cannot be held liable for the crime of bodily injury resulting from robbery, and even if the crime of bodily injury resulting from robbery is established, the crime cannot be deemed to have been committed, and thus, the crime of bodily injury resulting from robbery should be punished for attempted robbery.

2. Determination

A. The crime of robbery, injury or injury resulting from robbery is established, regardless of whether the criminal committed the taking or attempted taking of property, where he/she inflicts an injury or sustained an injury on another person at an opportunity to commit robbery.