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A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for a period of five years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 12, 2017, the Defendant intruded into the house above the wall of the victim D (son, 74 years of age) located in Asan City, Asan City, in front of the house of the victim D (son, 74 years of age).
The Defendant, after hearing sound from the opening of the opening, threatened with the kitchen, which is a deadly weapon prepared in preparation for the victim D from the opening of the entrance, led the entrance into the entrance, boomed the two descendants of the victim D with the string and the hacker tape, prevented the Defendant from resisting them by using the string and the hacker tape, and continuously binding the damage of the victim E (the 70-year old-old-age-old-age-age-age-age-age-age-age-age-age-age-age-age-age-old-
After preventing the victims from resisting as such, the Defendant got out of the victims, 80,000 won in cash, 2 mobile phones, and 10,000,000 won in market price, and 10,000 won in advance.
Accordingly, the defendant took the victims' property by carrying a deadly weapon.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Each protocol of seizure;
1. A report on the identification of robbery;
1. Application of Acts and subordinate statutes to report the occurrence of a crime (Robbery, hearing statements by victims and attaching photographs at the scene of the crime);
1. Articles 334 (2) and 334 (1) and 333 of the Criminal Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of punishment by law: Imprisonment with prison labor for not less than five years but not more than 30 years;
2. Class 2 (Special Robbery) mitigated element of punishment: Victims who are vulnerable to crimes (decision in the sphere of recommendation): Imprisonment with prison labor for not less than three years but not more than six years.
3. Determination of sentence: Imprisonment with prison labor for three years, suspension of execution for five years, community service for 80 hours, the crime of this case was committed after the defendant intruded the victim's residence in order to forcibly take property, and the victims are elderly.