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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The Defendant received a demand from the owner of the house to deliver a monthly rent for six months, and was unable to use a credit card due to delinquency in payment of the credit card price, and was willing to take another’s property in order to raise a living cost.
On October 17, 2014, at around 15:45, the Defendant opened a cryp of the victim D (n, 58 years of age) located in Chungcheongnam-gun Hong-gun, Hongsung-gun, and opened a cryp of the victim's side cryp, which was suffering from the victim's cryp, by putting the excessive cryp, which is a deadly weapon, into the victim's side cryp of the victim's cryp, opened the cryp of the victim's cryp, opened the cryp of the victim's side cryp, cut off the victim's left hand, and took the victim's cryp of the victim's cryp,578,00 won in total, and took the gold cryp and the gold
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by witnesses D in the third protocol of the trial;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to field photographs, photographs of arrest site, and copies of purchase account books;
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. Determination on the assertion by the defendant and his defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the grounds for sentencing)
1. Summary of the assertion
A. The Defendant had no excessive possession at the time of committing the instant crime.
B. At the time of committing the instant crime, the Defendant was in a state of lacking the ability to discern things or make decisions by taking the stroke method in excess of the prescribed strokes.
2. Determination
A. The victim's statement is the victim's statement that the defendant was threatened with a knife by direct evidence that is consistent with this part of the crime against the assertion that there is no excessive possession of evidence. In light of the following circumstances, the victim's statement is judged to be reliable, and the defendant holds excessive points at the time of the crime of this case, such as the statement in the judgment.