Text
A defendant shall be punished by imprisonment for three years.
A copy (No. 1) of 20cm in length, seized, shall be confiscated.
Reasons
Punishment of the crime
【Criminal Power】 On March 20, 2009, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) in the Busan District Court’s Vice-Support, and the execution of the said sentence was completed on January 11,
【Criminal Facts of Crimes】 On March 5, 2013, at around 20:40, the Defendant opened and opened an unlocked entrance at the skin management room operated by the victim D (year 31, n) in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and demanded money from the victim D and his employees (age 45, n). The victims refused to demand money from the victim E (age 45, n). However, the victims refused to demand money from the victim, the victims were taken up of the household (age 20cm in total length, length 8cm in length), which is a dangerous object with the right main part of the right part of the victim, with the end of the crime, booms the victims, leading them to the floor, and booms the victims, before the face of the victim D, and led the victims not to resist, and led the victims to escape more than the victim and reported the escape to the police.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of D and E;
1. Each report on investigation;
1. Seizure records;
1. Previous records: Application of inquiry reports on criminal records, etc., investigation reports, and Acts and subordinate statutes;
1. Articles 342, 334 (2) and (1), and 333 of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a victim D who has more severe penalty)
1. Selection of punishment and limited imprisonment;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for statutory mitigation;
1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act refers to an attempted crime of this case where the defendant tried to force the victims by threatening the victims by entering the management room where the defendant is in business with dangerous articles.