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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 five years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
When the Defendant was placed in a place in an economically difficult condition due to his occupation, the Defendant had his personal seal at deep night, and had female employees receive money and valuables from the convenience store where they are mixed.
On November 5, 2013, at around 03:00, the Defendant: (a) checked the “E convenience store” operated by the Victim D (Nam, 52 years of age); (b) confirmed that the Victim F (F) would be a married person; (c) carried out a preparatory horse and bed; and (d) carried a deadly weapon, carrying a deadly weapon, and carried a deadly weapon, and entered the above convenience store.
In addition, the Defendant made the victim F by threatening the victim F to “att... to open the money,” thereby suppressing the victim’s resistance, and took cash of KRW 139,00,000 at a credit cooperative on the place of calculation at that place.
Summary of Evidence
1. Statement by the defendant in court;
1. The police statement concerning F;
1. Investigation report (No. 41 No. 51 of the evidence list);
1. Records of seizure, photographs of seized articles, photographs of the scene of seizure, and uniforms and photographs worn at the time of committing a crime;
1. The application of CCTV photographs to the laws and regulations shall be subject to forfeiture of Nos. 3 and 4.
According to each evidence adopted and examined by the court, No. 3 (A) of the evidence is difficult to view that it was a sole ownership of the defendant, who was in the office of the defendant or his/her husband and wife, and it is difficult to conclude that the evidence No. 4 (a high-Robbery Aluminum tape) was an object provided or intended to be provided for committing a crime (the interrogation protocol of the defendant against the defendant, No. 227 pages).
1. Relevant Article 33 of the Criminal Act, Articles 334 (2) and (1), and 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The crime of this case is set up in advance a plan for the defendant to commit the crime of this case.