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 three years from the date this judgment became final and conclusive.

Punishment of the crime

1. On June 14, 2014, at around 16:50, the Defendant: (a) entered the victim D’s house located in Kangsung-gun, Gangwon-gun, Gosung-gun; (b) carried one fluor in which the market price of the victim’s possession in the water tank was unknown; and (c) stolen the victim.

2. The Defendant attempted special robbery, around 16:50 on June 14, 2014, went into the house of the victim F (the 77-year old-old) of the Dasung-gun E, and took one gate up to 35 cm in length, which is a deadly weapon as described in paragraph (1), as a hand, and led the victim’s hand in his left hand.

The Defendant continued to close his visit to the place and prevented the victim from leaving the place, and then, the victim threatened the victim with the noise by threatening him to “debrising,” thereby preventing the victim from resisting, and then forced the victim to withdraw money and valuables from the victim. However, the victim attempted to flee with the Defendant’s hand, “the son immediately has come” and “the son was hick,” and the victim attempted to flee with the wind.

Summary of Evidence

1. Defendant's legal statement;

1. The statement made by the police of the F and D;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to records of seizure, list of seizure, and photographs of seized articles;

1. Relevant provisions of the Criminal Act and Articles 329 (Larceny and Selection of Imprisonment), 342, 334 (2) and (1), and 333 ( point of attempted special robbery and Selection of Imprisonment) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for a crime of attempted special robbery, which is heavier than punishment);

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of punishment: Imprisonment for a period of two years and six months to twenty-two years;

2. Scope of recommendations: Imprisonment for a period of three years to six years; and

A. First Crimes (Robbery): Imprisonment with prison labor for up to six years (the scope of recommendations) and basic area (special mitigation (special mitigation) for types 2 (the scope of recommendations).