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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 21, 2018, the Defendant, at around 22:15, kept the kitchen knife (19.5cm in blade, 32cm in total length), which is a dangerous thing in the camping of the victim C (the age of 72) operated in Seoul Special Metropolitan City, Nowon-gu (the age of 19.5cm) and found the kitchen knife in the victim's knife in the above knife, and threatened the victim's knife with "in the same amount of tax base," thereby preventing the victim from resisting against the tax base of tax base, and 50,000 won in cash owned by the victim in the front of the knife.

Accordingly, the defendant took a deadly weapon in return for the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each protocol of seizure and the list of seizure (number 10, 11, 18, 19);

1. Application of Acts and subordinate statutes to CCTV afforestation data;

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 extenuating circumstances among the reasons for sentencing);

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

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Sentence II (special robbery) and reduction areas (two years and six months to four years) (special mitigation persons) in terms of mitigation areas on the basis of sentencing criteria, the scope of recommendation [the scope of recommendation] on the basis of sentencing criteria, general standards;

3. The crime of this case in which the defendant had the kitchen knife, which is a dangerous thing, and taken the victim's property by taking the victim's property, is not good, and may lead to a dangerous result.

However, under the circumstances that the defendant recognized the crime of this case, the amount of damage is relatively minor, and part of the damage is temporarily returned to the victim, the defendant agreed with the victim, and the fact that the defendant seems not to suppress impulses and impulses due to depressions and impulses, and the defendant seems to go to commit the crime is considered as favorable to the defendant, and the age, character, character, environment, etc. of the defendant is considered as favorable to the defendant.