Text
A defendant shall be punished by imprisonment for not less than two years and six months.
Excessive 1 Mo (Evidence No. 1), Mag-gu in black color, one Mag-gu in black.
Reasons
Punishment of the crime
On November 16, 2017, the Defendant entered the D convenience store located in Seongbuk-gu Seoul Metropolitan Government, and requested the victim E (the 19 years of age), who is an employee thereof, to grant tobacco 1 A (dis dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dics). After receiving tobacco from the above E, the Defendant took a deadly weapon (the total length of 23cc and 13cc dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic h.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. A CD in storage of criminal video products by the defendant, a criminal scene, and a photograph of the escape scene;
1. A protocol of seizure and a list of seizure;
1. Application of Acts and subordinate statutes to report on investigation (Hearing statements related to the amount of damage);
1. Relevant Article 334 (2) and (1) of the Criminal Act concerning the facts constituting an offense, and Article 333 of the Criminal Act concerning the selection of punishment, and Article 333 of the Criminal Act;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act for Return of Victims;
1. The scope of punishment by sentence: Imprisonment for not less than two years and six months - 15 years;
2. The basic area of the recommended punishment according to the sentencing criteria [the scope of types] the basic area of the second type (the area of recommendation and the scope of the recommended punishment], three years in imprisonment, and six years; and
3. Determination of sentence: Imprisonment with prison labor for two years and six months (unfavorable circumstances) (the crime of this case is likely to be committed by the defendant, entering a convenience store, threatening the victim, who is a lethal weapon, to take a cash of 128,000 won and a tobacco of 1 A;
The defendant was unable to receive a letter from the injured party.
[ favorable circumstances] The Defendant recognized and reflected his criminal act.
The Defendant was experiencing serious economic difficulties.