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

Punishment of the crime

The Defendant, while working at the “D” restaurant located in the Gu and American City C Building, closed the said restaurant on February 2, 2016, resulting in a shortage of living expenses. In order to find employment in the water purifier repair business, the Defendant, knowing that there should be freight cars, and, in order to prepare cost of living and cost of purchasing cars, etc., tried to forcibly take cash by threatening the Victim F (F) who operates the “E” in the above restaurant ( South, 50 years old) by threatening the victim F (E) who operates the said restaurant.

On April 19, 2016, the Defendant purchased one “the knife (the knife, the knife, the whole length of 26cc, the knife length of 12cc)” from the main supplies store located in the Guro-gu Seoul Special Metropolitan City around April 19, 2016, one knife at the Internet site. On the 21st of the same month, the Defendant used the knife at the above C Building underground parking lot at around 21:0, the time when the victim retires, and knife the victim with the knife.

피고인은 같은 날 21:50 경 피해 자가 지하 주차장으로 와 자신의 G 싼 타 페 승용차 운전석에 탑승하는 것을 보고, 피해자를 따라가 운전석 문을 열고 한 손으로 피해자의 목을 감 싸 안고, 다른 한 손으로는 흉기 인 위 칼을 피해 자의 목에 들이대면서 “ 꼼짝 마. ”라고 말하여 반항하지 못하게 한 후 금품을 강취하려고 하였으나, 피해자가 오른손으로 위 칼을 잡고, 왼손으로는 피고인의 멱살을 잡고 밀치는 등 격렬히 반항하여 그 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

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

1. Application of each investigation report (as to attachment of field photographs, attachment of CCTV images taken inside the site, attachment of tracking CCTV images, attachment of a knife photograph identical to those used by the suspect at the time of committing the crime, purchase photographs and receipts of a knife used for committing the crime), and photographs and receipts, respectively;

1. Relevant Articles of the Act concerning the facts constituting the crime;