Text
1. The defendant shall be punished by imprisonment for five years;
2. The blade (No. 1) seized shall be confiscated from the defendant;
Reasons
Punishment of the crime
[Criminal Power] On March 29, 2012, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court, and completed the execution of the said sentence on January 31, 2014.
【Criminal Facts】
At around 22:50 on March 21, 2014, the Defendant had been working in the “E convenience store” operated by the victim D in Gangdong-gu Seoul, Gangdong-gu, Seoul. At this point, the Defendant saw that the victim F, F, F, and 18 years of age, who is an employee, served as a mixed person, and had a deadly weapon, which was possessed for the purpose of committing a crime (No. 1, total length, approximately 18cc., and approximately 7.5cc., in the blade length.
피고인은 상의에 달린 모자를 쓰고 흰색 마스크를 착용한 후 위 칼을 점퍼 주머니에 소지한 채 위 편의점 안으로 들어가 계산대에서 근무하고 있던 F에게 “현금영수증을 보여달라.”라고 말하여 F로 하여금 현금출납기를 열게 한 후, 왼손으로 F의 어깨를 눌러 F를 앉힌 다음 현금출납기에서 D의 소유인 현금 215,000원을 꺼내고, 이에 F가 피고인의 손을 잡으면서 저항하자 주먹을 쥔 채 때릴 듯한 행동을 취하면서 가만히 있으라고 위협하여 반항하지 못하게 한 후 위 현금 215,000원을 가지고 나갔다.
Accordingly, the defendant took a deadly weapon and took the victim D's property forcibly.
Summary of Evidence
1. Defendant's legal statement;
1. F’s statement of statement;
1. Written statements of D;
1. Records of seizure, list of seizure and blades;
1. Report on investigation (specific as a suspect), request for appraisal of field fingerprints, fingerprinting of robbery cases, reporting on investigation (related to the current appearance after the arrest of a suspect), analysis of on-site CCTV screen, and reporting on investigation (kins and the details of the detection of a suspect);
1. Previous records of judgment: Application of criminal records, etc., investigation reports (a copy of a written opinion sent), investigation reports (Attachment of similar power), and investigation reports (verification of the fact of repeated crimes) Acts and subordinate statutes;
1. Article 344(2) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;