A defendant shall be punished by imprisonment for two years.

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

Around 0:30 on September 15, 2012, the Defendant, while under the influence of alcohol, was lacking the ability to discern things or make decisions. On the front of the store in Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant found the victim D(55 years of age) who was under the influence of alcohol and tried to steal property, and taken off the wall with credit card and cash KRW 70,000,000 in the back part of the victim, by inserting the hand on the back part of the victim, while the victim was boomed with the spirit of the victim, and boomed the victim with his body to escape arrest, and boomed the victim's body, and boomed the victim at least 8 times on the left side of the victim, which requires approximately 4 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes to investigation reports (medical certificate and change of the name of the crime, and hearing statements of the victim);

1. Article 337 of the Criminal Act applicable to the crime;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Probation and Social Service Order Act, Article 59 of the Act on Probation, Etc. [Determination of Punishment] In the event that the result of bodily injury has occurred, the general robbery (special scriptive) mitigation element: In the event that the result of bodily injury has occurred, but the basic crime was committed in attempted attempts, simple assault and intimidation, mental or physical disability, and non-scriptive measures [decision on the recommended area] / [decision on the recommended area] 1 to 4 years [the scope of suspended sentence] / Major positive factors / 1 to 4 years [decision on the recommended area] main positive factors : Simple assault and intimidation to avoid arrest : serious reflect [decision on the sentence] 2 years, suspended sentence 3 years, probation, and 160 hours, arrest has been stolen by the defendant of community service order against the inmate.