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

One knife knife, one knife, one knife, one knife, one blue tape, and one knife.

Punishment of the crime

On July 22, 2015, the Defendant opened the apartment complex in Seongbuk-gu, Seongbuk-gu, Sungnam-si, with a view to committing robbery on the ground that he was able to commit robbery in the apartment complex. On July 22, 2015, the Defendant prepared a mountain-style knick, make, blue tape, and clothes to be used for committing robbery.

On July 27, 2015, at around 15:00, the Defendant got out of the above C Apartment 1312 underground parking lot, and entered the door through open entrance, and continued to find out a house in which the entrance is open, and thereafter, the Defendant reported that the residence door of the victim D (n, 33 years old) is open to the contrary at around 20:05 on the same day, and entered the make or line, and entered it.

Since then, the Defendant, who is a deadly weapon (21cm in total length, 9cm in knive length, 10cm in knive length), took the victim’s knives and knives, and prevented the victim from resisting by threatening him/her, and made a strong withdrawal of property. However, the victim did not have cash at the time, and did not commit an attempted act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Report on the results of identification of the robbery case;

1. Application of the Acts and subordinate statutes to the photographs of seized articles and photographic materials;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The gist of the assertion is that the Defendant voluntarily ceased to commit the instant crime, and thus, constitutes an attempted abandonment, and the punishment ought to be mitigated or exempted.

2. Determination

(a) An act of commission of a crime shall commence and an act of commission of a crime shall be committed at his own free will before the crime is completed.