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 becomes final and conclusive.

Punishment of the crime

At around 02:00 on September 30, 2014, the Defendant, through the window of a multi-use room in Ischeon-si, Leecheon-si, a victim who was divingd in a living room by intrusioning into the said house through the window of a multi-use room that was not corrected, and was locked in a living room, refers to the victim who was locked in a living room, and the victim’s head is cut off by hand, and the victim’s head is divided into the victim’s head head into the miscellaneous floor, and the victim’s head who was entering the victim’s inside the damaged room may be cut down by hand, and the victim’s head who continued to be cut off by hand, was divided into the victim’s head who could not resist the victim’s head, and then deducted one cell phone equivalent to KRW 300,000 at the market price on the bed.

Accordingly, the defendant invadeds on the residence of a person at night, and forcibly taken the victim's property by assault or intimidation.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. An investigation report (to hear statements from a victim);

1. Application of statutes on the site photographs of the case

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. 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Determination on the assertion of the defendant and defense counsel under Article 62-2 of the Criminal Act of probation and community service order

1. The defendant and his defense counsel asserted that there is no intention to acquire illegal profits since they brought a cell phone to prevent the victim from reporting.

2. The expression "an intention of unlawful acquisition" means the intention to use or dispose of another person's goods as his own property, excluding the right holder, and the intention to permanently hold the economic interest of the goods, and it is not necessary to return it even if the possession of another person is deprived for the purpose of temporary use.