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 two years from the date this judgment became final and conclusive.

Punishment of the crime

피고인은 2008. 2. 29. 01:10경 인천 서구 C에 있는 피해자 D(여, 50세) 운영의 ‘E마트’에서, 초록매실 음료수를 사는 것처럼 위 물건을 카운터에 올려놓고 피해자가 거스름돈을 꺼내기 위해 고개를 숙이고 카운터 금고 서랍을 열어 돈을 꺼내려 할 때 금고에 손을 집어넣어 돈을 빼내려 하다가, 피해자가 “애가 왜 이래” 라고 말하며 이를 제지하자 음료수 병을 쥔 주먹으로 피해자의 머리부위를 때려 그 반항을 억압한 후, 금고에 있던 피해자 소유의 현금 30만 원을 빼앗아 가 이를 강취하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Confirmation of personal identity of the robbery case;

1. Application of MaCCTV Acts and subordinate statutes;

1. Article 33 of the Criminal Act applicable to the crime;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria [Determination of types] general criteria, Type 1 (General Robbery) (Special Robbery) and the area of reduction of punishment (the scope of recommendation punishment), the area of reduction of punishment, one year and six months to three years of imprisonment.

3. Determination of sentence: One and half years of imprisonment, and two years of suspended sentence, the crime of this case, entering the new wall, assaulting the victim by drinking, and forcibly taking cash of KRW 300,000,000, is not easy.

The victim appears to have been physically and mentally shocked due to the crime of this case, and such circumstances are disadvantageous to the defendant.

However, there is no record that the defendant led to the confession of the crime of this case, that the defendant does not want the punishment of the defendant, that the defendant does not have any record of criminal punishment or heavier punishment than the same criminal record or suspended execution.