Defendant shall be punished by imprisonment for not less than two years and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a foreigner of the nationality of Kazakh who entered the Republic of Korea under the qualification of visa exemption (B-1) which is one month of the period of stay on December 23, 2015.

1. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period;

Nevertheless, on December 23, 2015, the Defendant entered the Incheon International Airport without a visa, and stayed in the Republic of Korea after the lapse of the period of stay after the entry into the Republic of Korea until January 22, 2016.

2. On December 24, 2017, the Defendant: (a) around 00:22, the F convenience store in the wife population E; (b) had an employee, knowing that he/she works for the mixed-child G (18 years of age) with the knowledge that he/she works for the mixed-child, carried the victim’s arms, carried the victim’s seat into the convenience store, and prevented the victim from resisting the victim by threatening him/her to “absing the victim’s money by putting the break with the break and asking the victim for the money; and (c) had the victim deducted the victim from cash amounting to KRW 320,00,000 in the credit cooperative

Accordingly, the defendant invadedd a structure at night, and forcibly taken another's property.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement by the prosecution and the police concerning G;

1. A written statement prepared in C;

1. Each protocol of seizure and list of seized articles, each photograph of seized articles (80 pages, 81 pages, 85 through 87 of the investigation records);

1. The 112 Report Processing table, investigation report (F convenience point investigation), CCTV-cap photographs (11 to 19 pages of investigation records), investigation report (11 to 19 pages of investigation records), investigation report (ropicing of suspect escape routes), investigation report (suspect search and investigation of suspect), moving route after committing a crime, CCTV photographs (23 to 28 pages of investigation records, 31 pages, 32 pages of investigation records);

1. Application of the Acts and subordinate statutes to a criminal investigation report (verification as to whether a suspect stays lawfully), reply to a factual inquiry, or an immigration offender accusation;

1. Relevant legal provisions of the Criminal Act, Articles 334(1) and 333 of the Criminal Act (special robbery and choice of imprisonment with prison labor), Articles 94 Subparag. 7 and 17(1) of the Immigration Control Act (illegal stay in Korea and choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Code, and Article 38.