A defendant shall be punished by imprisonment for two years.

A seized knife (No. 1).

As to the punishment sentenced by the court below (three years of imprisonment), the defendant asserts that it is too unreasonable for the defendant, and the prosecutor asserts that it is too uneasible.

Judgment

In light of the fact that the defendant was sentenced to punishment as a crime of robbery and injury by robbery, and one year and six months have not yet passed since the execution of the sentence was completed, and that he again committed the same type of robbery with a deadly weapon, and that he was in danger of committing the crime, the liability for the crime is not easy, however, in full view of the following: (a) the defendant voluntarily surrenders to the crime of this case by investigating agency; (b) the commission of robbery was committed; (c) the commission of robbery was committed; and (d) the defendant's age, family relation, character and conduct, environment, motive and circumstance of the crime, method and method of the crime; and (e) other sentencing conditions, including the defendant's age, family relation, character and conduct, the environment, means and method of the crime, and the circumstances after the crime, the punishment imposed by the

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 342 and 334 (2) and (1) of the Criminal Act which choose a penalty;

1. Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes among repeated offenders, and the proviso to Article 42 of the Criminal Act;

1. Articles 25 (2), 52 (1) and 55 (1) 3 of the Criminal Act (an attempted crime and repeated mitigation) of the Criminal Act mitigated by law;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;