A defendant shall be punished by imprisonment for five years.

Seized knife (t. 1) knife (t. 1) shall be confiscated.

Punishment of the crime

[Criminal Power] On August 19, 2010, the Defendant was sentenced to four years of imprisonment with prison labor for an attempted special robbery at Seoul High Court, and completed the execution of the sentence on March 16, 2014.

【Criminal Facts】

On July 21, 2016, at around 13:55, the Defendant entered the “E Real Estate” operated by the victim D(S) in Nam-gu Incheon Metropolitan City, Seoul, into the “E Real Estate,” and took a dangerous weapon into the face of the victim, and prevented the victim from resisting, and subsequently forced the Defendant to withdraw money and valuables. However, the Defendant attempted to commit a crime by opening a cre in which the Defendant sees another place at the time of locking the Defendant into the said real estate, and avoiding the door.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (report on the current status of confinement of suspects and confirmation of the period of repeated crimes);

1. Article 342, 334 (2) and (1), and 333 of the Criminal Act applicable to the crimes and Articles 342, 334 (2) and (1) of the Criminal Act;

1. Article 3 of the Act on the Punishment of Specific violent Crimes among Cumulative Offenses (Provided, That within the scope of proviso of Article 42 of the Criminal Act);

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. The scope of applicable sentences by law: Imprisonment for not less than five years nor more than twenty-five years;

2. An attempted criminal is not subject to the sentencing criteria;

3. Determination of sentence: Imprisonment with prison labor for five years, the defendant committed a crime that threatens the victims of knife and attempts to forcibly take money and valuables by intrusion upon the real estate brokerage office.

Although Defendant was sentenced to four years of imprisonment for a crime of attempted special robbery, which is a specific violent crime, the possibility of criticism is high in that he has repeatedly committed the crime of this case, which is a specific violent crime, during the period of repeated crime.

In addition, at the time of the case, the defendant showed that he had an interview with a very low deadly weapon and intruded into a store, and that he had a habitive effect.