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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 3, 2018, the Defendant entered the convenience point of operation of the Victim D (A, 48 years of age) located in Daegu-gu, Daegu-gu, Seoul-gu (A. 11:30 on April 3, 2018, and the victim changed tobacco to the victim’s face, and the victim took a kind of tobacco equivalent to 4,500 tobacco at the market price of the tobacco display stand behind the arm’s length, where the victim gets her body behind it, and the victim her body behind the arm’s length and avoided the body behind it, but the Defendant tried to take a tobacco in the tobacco display stand behind the arm’s length, but her hand did not contact with her hand, went back to the kacker where the victim was unable to her, and she took a knife the victim’s knife, and her knife the victim’s knife.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of CCTV photographs to four Acts and subordinate statutes;
1. Article 333 of the Criminal Act concerning the crime;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act for observation of protection and observation;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;
2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the general standards for strengths and the penalty of Type 1 (General Robbery) [the scope of the recommended punishment] is not imposed (the scope of the recommended punishment], one year and six months to three years (the area of mitigated punishment).
3. The crime of this case committed by the Defendant, who is a female working alone at a convenience store, is taking property by threatening a female victim who is a female working alone, and the nature of the crime is not good, and the victim seems to have received a considerable mental shock, etc. is considered to be disadvantageous to the Defendant.
However, the defendant led to the confession of the crime of this case and the failure to repeat the crime, and the direct assault on the body of the victim was not supported, and the amount of damage was not supported.