A defendant shall be punished by imprisonment for four years.

Seized evidence 1 to 3 and 11 shall be confiscated.

Criminal facts

The Defendant, at the time of his work, opened a door at his place of residence and threatened people who emitted from the door, and prepared money and valuables in advance to take the hand by force, and prepare them in advance.

피고인은 2019. 5. 15. 07:00경 성남시 분당구 B건물 C호 현관문 앞에서 롱노즈니퍼를 손에 들고 있다가, 출근하기 위해 현관문을 열고 나오는 피해자 D에게 롱노즈니퍼를 겨누며 손으로 피해자의 어깨를 밀쳐 넘어뜨린 다음 머리채를 잡아당기고, 피해자가 2층 계단으로 도망치자 피해자의 몸을 잡아 넘어뜨린 다음 양손으로 피해자의 목을 조르고 발로 피해자의 배를 2회 찼다.

After suppressing the victim’s resistance, the Defendant tried to force the victim to take money and valuables from the victim. However, the victim did not take away from the Defendant’s hand, and did not bring about the intent to escape, and thereby, the Defendant inflicted injury on the victim, such as telegraphba, which requires treatment for about three weeks, on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Records of seizure, list of seizure, and photographic records of cases;

1. Report on internal investigation (verification of surrounding CCTV);

1. Application of Acts and subordinate statutes to a death diagnosis report and investigation report (Attachment of a photograph of damage inflicted on a victim);

1. Relevant Article 337 of the Criminal Act concerning the facts constituting an offense and Article 337 of the Election of Imprisonment;

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

1. Determination as to the defendant and defense counsel's assertion under Article 48 (1) 1 of the Confiscation Criminal Act (Article 48 (1) 1 of the same Act (Article 12 through 16 of the certificate seized by the public prosecutor is also sought, but this is merely the clothes and caps worn by the defendant at the time of committing the crime, and the evidence submitted by the defendant alone is insufficient

1. An injury suffered by the injured party of the allegation is a minor hole;