특수강도
A defendant shall be punished by imprisonment for not less than two years and six months.
Punishment of the crime
On June 16, 2016, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for larceny, etc. at the Incheon District Court, which became final and conclusive on June 23, 2016, and is currently under suspension of the execution.
On August 25, 2016, at around 04:05, the Defendant: (a) went to the house of the victim E (n, 72 years of age) located in the Namdong-gu Incheon Metropolitan City D Building 202; (b) went into the house of the victim through the window of the outer wall not locked and went into the house of the victim; and (c) moved to the house of the victim and fixs the property on the house of the victim; (d) while opening the clothes in the inside room, the Defendant took away the 32,00 won from the victim; and (e) by intimidationing the victim on the part of the shoulderer or the victim, “I would die without being able to die.” In order for the victim to not resist the victim; and (e) forcibly taken the 32,000 won from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of witness F;
1. Statement to E by the police;
1. Records of seizure and the list of seizure;
1. 112 Report disposal slips;
1. Application of Acts and subordinate statutes on the scene of occurrence, seized objects and photographs;
1. Relevant Article 334 (1) or 333 of the Criminal Act concerning the facts constituting an offense and Articles 334 (1) or 33 of the Criminal Act;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)
1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and
2. Application of the sentencing criteria (determination of type) the general criteria for strengths: (a) the basic area [decision of the recommended field] the basic area (decision of the recommended field] [Scope of punishment] the imprisonment from 3 years to 6 years [general person]. (b) the mitigation element: In the event that the intent of taking money and valuables in a minor amount is intended, assault, threat, life-type crime and serious reflectivity; and
3. Determination of sentence: Imprisonment with prison labor for two years and six months; the defendant was sentenced to a suspended sentence for four months by larceny, etc. at the Incheon District Court, and the judgment on June 23, 2016 becomes final and conclusive and is still under suspended sentence.