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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.
The excessive one (No. 1) seized shall be colored.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years, confiscation) of the lower court is too unreasonable.
2. The Defendant, at night beyond one’s own time, forcibly took 91,000 won, which was containing a credit cooperative by threatening the victim to pay money by taking advantage of the excessive (22 cm length) which is a deadly weapon, into the convenience store where the victim of green age gets married, and by threatening the victim to pay money.
The defendant had been already sentenced to multiple times of larceny crime, and even though he was in the period of repeated crime, he again committed the crime of this case.
The defendant did not receive a letter from the victim who has been directly threatened, and the above victim is suffering from severe punishment against the defendant.
This is disadvantageous to the defendant.
On the other hand, the defendant acknowledges all crimes from investigative agencies and reflects errors.
The defendant was a deadly weapon in several times, and did not directly harm the victim by leaving him or her, and the degree of intimidation is relatively insignificant, and the damage amount is a small amount of KRW 91,00,000. Among them, 10,000 was spent for the use of the PC, the remainder was confiscated and returned to the owner of the convenience store, and the convenience store operator did not want the punishment against the defendant by agreement with the defendant.
The Defendant, from the time of birth to the point of view, seems to have undergone a somewhat complicated development disorder, such as self-defluence, and had committed a larceny in several times due to economic difficulties in home environment. Since the Defendant was discharged from a social welfare facility that had lived after being sentenced to a sentence of imprisonment, it seems to have led to the instant crime in a somewhat contingent manner.
This is the circumstances favorable to the defendant.
The above circumstances include the defendant's age, character and conduct, environment, family relationship, and crime.