A defendant shall be punished by imprisonment for five years.

Punishment of the crime

[Criminal Power] On August 23, 2007, the Defendant was sentenced to imprisonment with prison labor for a short term of five years and a long term of six years on March 14, 2013 at the Daejeon District Court on the grounds of violations of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (special robbery, rape, etc.).

【Criminal Facts】

At around 20:10 on July 15, 2013, the Defendant: (a) opened and entered a window where gas pipes are not corrected at the home of the victim D(W), Asan-si C Stud B 101, Asan-si, 201; and (b) threatened the victim with the victim “as soon as possible, and as soon as possible, he will do so; and (c) forced the victim to take 70,000 won in cash from the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. In each description of the investigation report (including the details of the report), investigation report (Attachment of CCTV comparative photographs of the C Studio B and E building 306 dong-dong-dong), investigation report (with respect to the inspection records of the electronic device of the accused);

1. Each image of field photographs and CCTV photographs of E-building;

1. Previous convictions: Criminal records, investigation reports (verification of the date of release of the accused), and application of Acts and subordinate statutes to the status of confinement of individuals;

1. Relevant Article 334 (1) or 333 of the Criminal Act concerning the facts constituting an offense and Articles 334 (1) or 33 of the Criminal Act;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

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

2. Application of the sentencing criteria [Determination of Types] and the general criteria for the category 2 (Determination of the recommended field) (Special Robbery), basic area of robbery), three to six years of imprisonment [Scope of Recommendation], and repeated crime under the Act on Special Cases Concerning the Punishment of Specific violent Crimes in 5 to nine years, the upper limit and lower limit of the sentencing range shall be increased by 1.5 times each, but the lower limit of the sentencing range recommended in the sentencing criteria shall be higher than the lower limit of the applicable sentencing range under the law.