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

Punishment of the crime

On February 16, 2013, at around 12:10, the Defendant: (a) loaded DNA freight in front of the constitutional clothes collection box located in Daejeon Seo-gu Daejeon, Daejeon; (b) opened the above constitutional clothes collection box using the key prepared in advance; and (c) attempted to remove the unconstitutional clothes owned by the Korean Center for Self-Support of Persons with Disabilities, which is an incorporated victim, but was discovered to F, etc., who is an employee of the E company managing the above collection.

Accordingly, for the purpose of evading arrest, the Defendant showed an attitude that the Defendant seems to have taken a food to the above F, and continued to kill in knife, and took one knife (30 cm in total length) which is a deadly weapon on the back of the cargo vehicle, and threatened the said F with “I will die in knife”, and threatened it several times.

Accordingly, the defendant attempted to steal the victim's property, and threatened the F with a deadly weapon in order to escape arrest.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with respect to F (second time);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 342, 335, 334 (2) and (1), and 333 of the Criminal Act applicable to the crimes and Articles 342, 335, 33 of the Criminal Act;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. The public prosecutor’s determination of the forfeiture of the sentence of confiscation of the prosecutor under Article 62-2 of the Social Service Order Act requires confiscation of one of the keyss used for the instant crime.

Article 48(1)1 of the Criminal Act provides that "goods which are not owned by a person other than the criminal or which are acquired by a person other than the criminal knowing the fact after the crime may be forfeited among the goods provided or intended to be provided for the criminal act."

The fact that it does not belong to a person other than an offender is one of the ownership of the offender.