A defendant shall be punished by imprisonment for not less than two years and six months.

The excessive one sheet (No. 1) seized shall be confiscated from the accused.

Punishment of the crime

[Criminal Power] The Defendant is a person who was sentenced to a suspended sentence of two years and six months at the Jeonju District Court on November 16, 2010 to imprisonment with prison labor for a special robbery, which became final and conclusive on November 24, 2010, and is currently under the grace period.

【Criminal Facts】

around 05:36 December 13, 2012, the Defendant: (a) applied the victim D (n, 29 years of age) in Bupyeong-si, Seocheon-si; (b) applied the victim D (n, n, kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn,

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report and each photograph;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. Existing presence under subparagraph 1 of this Article;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (including confirmations and accompanying documents during the period of collection of suspect milk);

1. Article 334 (2) and (1), and Article 333 of the Criminal Act concerning the facts constituting an offense;

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

1. Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. 3 years to 6 years (basic area) from imprisonment with prison labor for special robbery (the scope of recommending punishment) in accordance with the general standards for robbery.

3. In light of the fact that the Defendant, who prepared and planned criminal tools such as excessive punishment, committed the instant crime in advance, and brought about the same kind of crime as the instant crime in which the nature of the instant crime was inferior without being weighted even though the period of suspension of execution is under special robbery, it is necessary to strictly punish the Defendant.

However, there is a relatively small amount of damage that the defendant reflects in depth, the amount of damage is relatively small, the motive for the crime is considered, and the social ties relation is duplicated, etc. are favorable to the defendant.