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

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

On December 8, 2020, the Defendant opened a 1st floor door at around 21:25, 2020, which was not corrected and did not correct the money and valuables, and obstructed the stairs, and black the object of the crime.

The Defendant: (a) reported that the victim D residing in a heading C’s door opened and opened a door door, thereby preventing the victim from suffering by hand; and (b) carried the victim’s body into the victim’s house by pushing the victim’s body; (c) prevented the victim from enjoying the victim’s body and resisting the victim on the floor; and (d) led the victim to force the victim to withdraw money and valuables, but did not lead to the victim’s escape as it is from the wind that the victim gets into being.

Accordingly, the defendant invadedd the victim's residence at night, and tried to withdraw the property from the damaged person by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of investigation reports (on-site conditions, etc.), investigation reports (limited to attachment of photographs, such as the victim's body, etc.), 112 report handling table, and response statutes for response to requests for appraisal;

1. Relevant Article of the Criminal Act and Articles 342, 334 (1), and 333 of the Criminal Act concerning the selection of criminal facts;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

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

2. Sentencing Criteria: The sentencing criteria shall not apply as it is a single offender.

3. According to the decision of sentence, a number of factors of sentencing as shown in the arguments in this case, such as the following circumstances and the defendant's age, sex, environment, family relation, motive, means and result of the crime, etc., shall be comprehensively considered, and the sentence shall be determined as ordered.

The crime of this case is committed by the defendant who intrudes on the victim's residence at night, and is committed by the attempted withdrawal of money and valuables, and the nature and circumstances of the crime are committed.