Defendant shall be punished by imprisonment for not less than two years and six months.

The excessive one (No. 1) seized shall be confiscated.

Criminal facts

The Defendant had been suffering from economic difficulties due to gambling in the past several years, resulting in a situation in which 3.5 million won, borrowed from the earth by April 10, 2020, led to the repayment of 3.5 million won by April 10, 2020. In order to solve the urgent debt and to raise the cost of living and gambling funds, the Defendant was willing to forcibly borrow money and valuables from others.

On April 7, 2020, the Defendant: (a) discovered that the victim B (V, 48 years old) residing in and out of the above studio 2 floor while waiting to commit a crime after putting excessive (total length: 23 cm and blade length: 13 cm) into the studio building located in Daegu North-gu, Daegu-gu, and entering the studio building; (b) discovered that the victim B (V, 48 years old) residing in and out of the above studio 2 floor while waiting to commit a crime; (c) opened the studio and emitted from the studio 2 floor; and (d) reduced the victim’s timber with his arms over the excessive studio while leaving the studio, the Defendant took the above excessive stude of the victim; and (d) forced the victim’s resistance to the victim; (e) forced the victim to sit in the stude; and (e) did not cause fear that the victim might escape.

Thus, the defendant, carrying a deadly weapon, tried to take the victim's property by intrusion upon his residence at night, but did not bring about his intention and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's statement concerning B;

1. Each police statement concerning B;

1. Written statements and coal applications;

1. Protocols of seizure and list of seizure (Evidence Nos 14, 15);

1. On-site identification reports, investigation reports (for debts), and investigation reports on actual conditions;

1. Medical records;

1. Application of the Acts and subordinate statutes of one copy, including photographs, places of crime, images of crime, text messages, etc., C reply materials, one copy of the output of the documentary records related to robbery, one copy of the remittance of gambling sites, and one copy of text messages;

1. Relevant Articles of the Act concerning the facts constituting the crime;