The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

1. The sentencing of the lower court (seven years of imprisonment) is too unreasonable.

2. The instant case is a crime committed by force or forcibly withdrawal of money and valuables by threatening young women or older persons by taking advantage of another person’s occupation at night or by threatening them at night on the ground that the money in the underwater fall, without any particular reason, or solely on the ground that such a crime falls, and thus, it is inevitable to pronounce a sentence of heavy punishment.

In addition, the circumstances that the defendant had several criminal convictions for the same kind of punishment, and that the robbery crimes in the judgment of the court below also constitute the same repeated crimes are also disadvantageous to the defendant.

However, there are extenuating circumstances, such as the fact that the Defendant led to the instant crime and is in depth against the Defendant’s depth, and that the exercise of force against the victims at the time of the Defendant’s commission of the instant crime does not seem to be serious, and that part of the instant crime was attempted, and that there was no substantial physical damage therefrom.

In addition, in full view of various circumstances, including the Defendant’s age, character and conduct, family environment, etc., the lower court’s sentencing is deemed unreasonable, and thus, the Defendant’s assertion of unreasonable sentencing is reasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The main judgment of the court below is as follows.

Application of Statutes

1. Articles 334(1) and 333 of the Criminal Act, Articles 342, 334(1), and 333 of the Criminal Act concerning facts constituting an offense, the selection of a limited term of imprisonment;

2. The proviso to Article 3 and the proviso to Article 42 of the Act on Special Cases concerning the Punishment of Specific violent Crimes among repeated offenders;

3. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso of Article 42 of the Criminal Act (aggravated Punishment for Crimes of Special Robbery against Victims E with the largest punishment and punishment).

4. Reasons for discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act.