A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 18, 2017, the Defendant purchased and carried one straw straw gun in the Home Packer’s seat located in the north-gu Dong at the port of 10:00 on January 18, 2017. On the same day, the Defendant: (a) carried one straw straw in front of the seat of the Daegu Bank D branch in C at around 14:18 on the same day; (b) carried a straw straw and a white straw straw in the above bank; and (c) carried a white plastic straw into the said bank.

The Defendant attempted to take money from the victim by pushing ahead the victim E (n, 38 years of age), who is female employee of the counter, and showing the above to the victim the Bank publicity leaflet on the table, stating that the above toy gun was fright to the victim and shots on the table, “influence of robbery,” but was attempted to take money from the victim. However, at the scene, the Defendant’s toy gun shots, carried by the Defendant from the police officer F of the Pohang Port North Korean Coast Guard, who had observed the above shots, was forced to take away the toy gun shots used by the Defendant from the Defendant.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Investigation report (Attachment of seized photographs), investigation report (Attachment of CCTV images to Daegu Bank D), internal investigation report (Attachment of CCTV photographs to home fluor CCTV), and each photograph;

1. Application of each protocol of seizure and statutes on the list of seizure;

1. Articles 342 and 333 of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. Since the sentencing criteria are not applicable to offenses, the sentencing criteria are not applicable.

3. The crime of this case committed by the Defendant with a toy gun and committed the instant crime in light of the mental shock that the Defendant would have received at the time, and the nature of the crime is somewhat weak in view of the following:

It is an unfavorable circumstance to the defendant that can not be considered.

However, the defendant is a victim.