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

On February 27, 2019, at around 21:12, the Defendant entered “D” stores operated by the Victim C (A, who is aged 52) located in Daegu Suwon-gu B, and took a dangerous object (19.5cm in length, 10cm in length) that was prepared in advance, and made the Victim not to resist by threatening the Victim to “to open a safe, to make a report, to do so,” and by threatening the Victim to “to open a safe, to do so..................., the Defendant got the Victim to open the door of the imprisonment without prison labor, and went to take 350,000 won in cash on that date.

Accordingly, the defendant took a dangerous thing and took the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to photographs of seized articles, photographs of the accused, and report on investigation (related to the suspect's tracking and investigating crimes and specific circumstances of the suspect);

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;

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. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing guidelines (decision of type) [Type 2] Special criteria [Special Robbery [Special Robbery] Reduction element]: Reduction element of punishment (the area of recommendation and recommendation range] mitigated area, reduction range of punishment, and two years to four years in imprisonment.

3. Determination of sentence: Imprisonment with prison labor for 2 years and 6 months, and suspended execution for 3 years, the crime of this case was committed in excess of the excessive amount of goods dangerous to the victim's confluence; the nature of the crime is not good in light of the means, methods, etc. of the crime; and the victim seems to have received considerable fear and mental shock due to the crime of this case.

However, the defendant committed the crime of this case.