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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that, for three years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal: The lower court’s imprisonment (two years and six months of imprisonment and confiscation) is too unreasonable.
2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant had been able to receive a large amount of shock by committing the crime of this case, by entering a place where the Defendant had been boomed with the place where the Defendant had been committing the crime, and the time the customer had no access to the place of the crime by threatening the victim with the kitchen knife, and taking the money and valuables by force.
However, as a result of the Defendant’s efforts to pay damages, the Defendant was the first offender, the Defendant was already committing the instant crime, and the Defendant’s mother was living in the trial, and the victim was faced with the Defendant’s wife, and the Defendant appears to have committed the instant crime by demanding the Defendant to pay his/her obligation, such as providing an employment loan. The actual amount of property damage caused by the instant crime is not more than KRW 65,000 in total face value of gift certificates, and the remainder is less than KRW 65,00 in value of gift certificates. The remainder is favorable to the Defendant.
In addition, the defendant's age, character and conduct, environment, motive and background of the crime, the means and consequence of the crime, all the sentencing conditions shown in the records, such as the circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court Sentencing Committee applicable to this case (two years to four years), the scope of reduced punishment (two years to six years) (special robbery) (two years to four years): - General person who is not subject to punishment: In addition, general person who is not subject to punishment, there is no record of criminal punishment (including serious factors to be mitigated), planned crimes (including serious factors to be mitigated), and the reason for major participation in the suspension of execution.