Text
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On May 13, 2013, at around 02:33, the Defendant, at the convenience store managed by the victim D (n, 50 years of age) in Ulsan-gu C, Ulsan-gu, with the intent to take money and valuables, putting a deadly weapon (12.5cm in the blade length, 23.5cm in the total length) that was prepared in advance, and threatened the victim with the resistance by threatening that “the Defendant shall open money.............. to contain money in the safe..............., the Defendant received KRW 930,100, which is the owner of the above convenience store business, from the credit cooperative, to take it out.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Records of seizure and the list of seizure;
1. Each report on investigation;
1. Application of each statute on photographs;
1. Relevant Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the facts constituting an offense, and Articles 33 of the Election of Imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Reasons for sentencing under Article 333(1) of the Act on the Return of Victims [Determination of Punishment] Robbery, general standards, Type 2 [Special Convicted Persons] - The mitigated element: Imprisonment with prison labor for 2 years and 6 months to 4 years (limited to the scope of recommending punishment) - The mitigated element - The key reasons for writing - the positive reason for writing - The affirmative reason for writing that there is no record of criminal punishment - The affirmative reason for writing - the unaffirmative of punishment, the general reason for writing that there is no record of criminal punishment - The serious half [decision of sentence] - the sentencing element of the above punishment including two years and 6 months of imprisonment with prison labor, the age, character and conduct, the environment, and the circumstances after the crime, etc. shall be comprehensively considered.