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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. At around 00:00 on April 3, 2013, the Defendant attempted to commit an offense, i.e., “E” at the main point of “E” in the operation of Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter 51 years old), by taking the kitchen gate (10cc in a blade, a total length of 31cc) that was in possession of a dangerous object in the inside while under the influence of alcohol and having weak the ability to discern things or make decisions, and then taking the kitchen gate on the part of the victim, “50,00 won, 50,000 won,” which means “the 50,000 won, and 50,000 won,” which means “the victim was forced to withdraw money from the victim, but the victim did not commit an offense, i.e., “The 510,000 won, too too much need to keep funeral service.”
2. Around 01:00 on April 3, 201, the Defendant, in violation of the Punishment of Violences, etc. Act (collective intimidation with deadly weapons, etc.), expressed the attitude that the Defendant would inflict any harm on the victim’s body by taking the above kitchen knife, which is a dangerous object in the inside and outside of the defect that the victim was under the influence of alcohol and had weak ability to discern things or make decisions, while under the influence of alcohol, would not drink the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning G and D;
1. Application of Acts and subordinate statutes on police seizure records and list of seizure;
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) An attempted special robbery: Articles 342, 334 (2) and (1), and 333 (Selection of Imprisonment with Labor);
(b) Violation of the Punishment of Violences, etc. Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 2 (1) 1 of the Criminal Act
1. Legal mitigation under Articles 10 (2) and 55 (1) 3 of the Criminal Act.
1. Articles 26 and 55(1)3 of the Criminal Act (with respect to attempted special robbery) of the Criminal Act.