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A defendant shall be punished by imprisonment for not more than ten months.
except that 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
At around 13:30 on November 5, 2012, the Defendant, along with his accomplice C, lent KRW 1,00,000 to Samsungdong-gu, Gangnam-gu, Seoul. On September 2012, the Defendant: (a) met the victim D (36 years of age) of the Republic of Korea’s nationality that C loaned KRW 1,00,00 to the victim; (b) however, the victim said the victim as “no money,” but (c) went the victim into the FFFman 309 room in Yongsan-gu, Seoul; (d) the Defendant took the victim’s house in Yongsan-gu, Seoul; and (e) the Defendant took measures to ensure that the victim does not flee out of the house; and (e) C and I came to the victim’s house in Yongsan-gu, Seoul; and (e) the Defendant informed H and I of the fact that “A franc that he borrowed KRW 1,000,000,000,000 from the phone and the Defendant 30.”
Accordingly, at around 15:20 on the same day, the Defendant, H, and I put in the victim’s chest the transition (the blade 12 cm, No. 1) which is a dangerous object prepared in advance at the above F FF 309 on the same day, and called “if the Defendant and H, if he finds out the money left inside, because of any dint of any dys, he would put the death of the dys,” and the Defendant and I were fright up to the victim.
As a result, the Defendant carried dangerous objects with C, H and I, and attempted to take money and valuables from the frighten victim. However, the Defendant did not carry money and valuables possessed by the fright victim but did not commit an attempted crime.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of suspects of H and C by the prosecution;
1. A protocol concerning the examination of suspect of H, C, or I;
1. Statement of police statement to J or K;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes to report on investigation (public invitation of suspects and sharing of roles);
1. Articles 6, 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 350 and 30 of the Criminal Act;
1. Attempted mitigation;