A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[Criminal Power] On August 24, 2016, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court. On August 23, 2017, the Defendant completed the execution of the sentence in a detention house.

【Criminal Facts】

At around 00:44 on May 8, 2019, the Defendant, at the “D” convenience store where the victim C (here, 27 years of age) in Yangsan-si B works as an employee, 2.60,000 won in cash within the safe of the Defendant’s bank by taking the accounting unit for the purpose of the distribution of goods into the room, and the victim, who observed this order, prevented the Defendant, and attempted to escape arrest of the defect in which he/she tried to report to the police, she saw that “the victim is dead or dead, or feld, or feld with money,” and she escaped by suppressing the victim’s resistance by driving down the victim’s hand.

Accordingly, the Defendant, while thefting KRW 260,00, committed assault and intimidation to the victim for the purpose of evading arrest.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A CD in each internal investigation report (the attachment of a photograph of a victim's assault, the verification of field CCTV), a brush photograph, a visual CCTV image, and a CD in the field CCTV image;

1. A report on investigation (the results of evaluations conducted on the spot) and a report on the appraisal;

1. Previous convictions indicated in judgment: Application of investigation reports ( Results of suspect search), results of suspect search, criminal records records, inquiry reports (A), and investigation reports (applicable to reports repeated crimes of suspects);

1. Articles 335 and 333 of the Criminal Act applicable to the crimes;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to twenty-five years;

2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to robbery (the first category), general standards, and general robbery (the special sentencing factor): the range of mitigation factors: the recommended area of non-compliance with punishment and the recommended range of punishment.