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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 05:30 on September 2, 2005, the Defendant invadedd the house to the 3rd floor through a window where the door-to-house of the victim E (n, 24 years old) was not corrected, using a bend rail in Busan-gu, Seo-gu, Busan-gu, and then applied the 85,000 won in cash owned by the victim to the 85,000 won.

Accordingly, the defendant invadeds on residence at night, and forcibly taken property from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographs;

1. Personal identification of the case of special robbery, fingerprinting and searching fingerprints at the scene of the crime, replys to the results thereof, and copies of field fingerprint photographs;

1. Reporting on the occurrence of robbery cases and the application of Acts and subordinate statutes concerning investigation reports;

1. Article 334(1) and Article 333 of the Criminal Act (However, the upper limit of punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010) (the choice of imprisonment with prison labor)) applicable to the crime;

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. Reasons for sentencing under Article 62-2(1) of the Criminal Code of the Social Service Order Act, Article 59 of the Act on Probation, etc. [the scope of punishment] The crime of robbery from 2 years and 6 months to 7 months [the decision of sentence] from 2 years and 7 months [the general standard] crime, type 2 (Special Robbery] [the special prison] punishment not to impose punishment [the general prison], and there is no record of criminal punishment [the range of recommending punishment] 2 years and 6 months to 4 years from 6 months (the range of recommending punishment] imprisonment, there is no record of criminal punishment (the reason for suspending punishment), social relative relationship clearly, serious reflection, and there is no criminal record of suspended sentence or more.