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

Punishment of the crime

On March 14, 2013, at around 21:15, the Defendant entered the convenience store for the convenience store for the Defendant, and took the Defendant’s 318,000 won in cash owned by the victim E, who is an employee, by holding in advance the victim D (at the age of 18) the kitchen (at the age of 20cm to 30cm in total length), a deadly weapon, and by threatening the victim to “the value of the kitchen (at the age of 20cm to 30cm to 30cm in total),” which is a deadly weapon, and by threateninging the victim’s resistance to “the value of the kitchen, within the scope of 30cm to 30cm in total,

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Photographs related to robbery of convenience stores C;

1. As to the assertion of the defense counsel in the seizure protocol and the list of seizure lists, the defense counsel asserts that the defendant was imprisoned with alcohol dependence at the time of committing the instant crime, and that he was in a state of mental disorder by drinking.

However, according to the records, it is difficult to recognize that the defendant had weak ability to discern things or make decisions at the time of committing the crime of this case, the above assertion is without merit.

Application of Statutes

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 (Consideration of favorable circumstances among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Guidelines for Suspension of Execution among the reasons for sentencing below);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing guidelines [the types of crimes] robbery, special robbery of Type II (the mitigated elements from among special persons] of the general standard 01, the area of reduction of punishment [the scope of recommending punishment], the area of reduction of punishment [the scope of recommending punishment], two years and six months to four years of imprisonment.

3. The criteria for the suspension of execution [Positive elements among the main reasons for the suspension of execution] the use of dangerous articles [Positive elements among the main reasons for the suspension of execution], which is clear of social relationship.

4. Determination of sentence: Imprisonment for not less than two years and six months; and