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 October 2017, the Defendant got money from convenience stores to raise living expenses after having divorced with wife on October 2017.

On November 24, 2019, at the “C convenience store” located in Seo-gu Incheon, Seo-gu, Incheon around 00:28, the Defendant threatened the victim D (Nam, 26 years of age), who is an employee, to take the knife (total length of 33.5 cm, 21 cm) with a deadly weapon, and threatened the victim to “open the safe,” thereby suppressing the victim’s resistance, and forced the f4,000 won in cash, which were in his/her possession, to open the credit cooperative.

Accordingly, the defendant took property by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Each protocol of seizure, each list of seizure, and each photograph of seized articles;

1. Application of CCTV video-related Acts and subordinate statutes to convenience stores;

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 for two years and six months to fifteen years;

2. Scope of the recommended sentence 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, imprisonment with labor for 2 years and 6 months through 4 years;

3. The sentence shall be determined as ordered in consideration of the following circumstances and the various sentencing conditions under Article 51 of the Criminal Act:

The crime of this case is a deadly weapon that may cause danger to life and body at night by carrying a knife, a dangerous weapon that may cause danger to the defendant's life and body, and the crime of this case forcibly takes money and valuables by threatening the victim working in the convenience store.

Defendant.