A defendant shall be punished by imprisonment for three years.

However, for five years from the date this judgment becomes final and conclusive.

2. The crime of this case is deemed to have been committed by taking a deadly weapon on a new wall in the convenience store in which women are married with it, and the nature of the crime and the circumstances of the crime are not all poor. However, in light of the fact that the victims have agreed to have been punished for the same kind of crime, the fact that the victims have no record of punishment, the fact that they have voluntarily surrendered, and other various sentencing conditions revealed in pleadings, such as age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the court below may be deemed to have been too heavy.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of evidence is identical to each corresponding column of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the facts constituting an offense, and Articles 33 of the Election of Imprisonment;

2. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

3. Article 62 (1) of the Criminal Act;

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