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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around 04:40 on September 24, 2015, the Defendant tried to take money and valuables from the victim by discovering the victim C(s) in front of the village park located in Yongsan-gu Seoul Metropolitan City, Yongsan-gu, 89, and by threatening the victim to see that the transition (9cc in blade length) which is a dangerous object to prevent him/her from being injured and to prevent him/her from being injured by a hand prepared in advance by coming up from the rear side of the victim, and leading him/her to the back of the victim, and by threatening the victim to “I kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn'

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each protocol of seizure and the list of seizure;

1. The application of deadly weapons and photographs used for committing a crime, and CCTV-related Acts and subordinate statutes at the time of committing a crime;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Since the crime of this case is an attempted crime for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the sentencing guidelines do not apply, the crime of this case is deemed to have been committed by the defendant, who had returned home at night, using excessive force, which is a deadly weapon, and by force withdrawal of property, and the nature of the crime is very poor, and the victim seems to have experienced extreme fear.

However, the fact that the victim does not want the punishment of the defendant by agreement with the defendant, the robbery of the defendant is committed against the attempted crime, the defendant is seriously against the crime of this case, and his depth is divided, and the defendant has no record of criminal punishment in Korea, etc. are favorable to the defendant.

(2).