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A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
『2019고합55』 피고인은 2019. 3. 16. 19:50경 부산 해운대구 B 다세대 주택 3층 옥탑방에 있는 피해자 C(48세)의 주거지에 이르러, 잠겨 있지 않은 현관문을 통하여 안방으로 들어간 다음 그곳에서 텔레비전을 시청하고 있던 피해자에게 미리 준비한 흉기인 과도(전체길이 19.5cm, 칼날길이 9cm)를 들이대고 “꼼짝 마! 돈 내놔.”라고 협박하여 반항하지 못하게 한 후 피해자로부터 현금 15만 원을 빼앗았다.
Accordingly, the defendant invadedd the residence of the victim with a deadly weapon at night, thereby forcibly taking the victim's property.
"2019Gohap88" accused is not a person handling narcotics.
On March 14, 2019, at around 17:00, the Defendant put 0.05g of psychotropic drugs, which are psychotropic drugs delivered from his name-free persons, into a single-use injection machine, and dilution with water, and administered phiphones by means of injection into the Defendant’s left left jum.
Summary of Evidence
"2019, 55"
1. Defendant's legal statement;
1. Statement to C by the police;
1. On-site photographs, CCTV closure photographs, victim victim-victim photographs, suspect CCTV image photographs, CCTV images carrying a deadly weapon, and CCTV images that escape;
1. Reporting on the occurrence of accidents and investigation reports (verification of sunset time);
1. "Overages, caps, masks, leathers (Evidence No. 1, 5, 6, and 7) seized" 2019Gohap8;
1. Defendant's legal statement;
1. Request for appraisal (general appraisal), report on the results of the Preliminary Test for narcotics, report on investigation (Attachment of documentary data on the period detected in the phiphone base), response to requests for appraisal, reply to requests for appraisal, reply to requests for appraisal (2019-S-2301, injection equipment, etc.), reply to requests for appraisal (2019-S-2654), reply to requests for appraisal (2019-S-2080, maternity), and report on investigation (calculated additionally);
1. Application of the Acts and subordinate statutes to disposable plastic bags (Evidence No. 4, 7, and 8) that have been seized for one-time use, low-end plastic bags, and transparent vinyl bags;
1. Criminal facts;