A defendant shall be punished by imprisonment for not less than two years and six months.

One saw (No. 2) seized shall be confiscated.

Issuance of the Bank of Korea confiscated.

Punishment of the crime

On June 1, 2020, the Defendant got a convenience store to take cash by entering a convenience store due to lack of living expenses, such as rain, etc., and entered a convenience store operated by the victim B (n, 41 years of age) in Faging C on June 1, 2020, and threatened the victim with a deadly weapon (50 cm in total length) in advance, as if he were to display the victim’s resistance, and puts the victim’s resistance against the victim, and 300,000 won, which is the cash owned by the victim, at the credit cooperative in charge of calculating the above convenience store.

Accordingly, the defendant took the victim's property by intimidation by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of statutes governing on-site CCTV CDs;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following 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 Return Criminal Procedure Act;

1. Scope of applicable sentences under law: Imprisonment for two years and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] the general criteria [Type 2] the special robbery [the scope of recommended fields and the scope of recommended sentences], the basic area of punishment (the scope of recommended fields and recommended sentences], three to six years of imprisonment.

3. The Defendant, in advance, prepared a saw to commit the crime, and brought a saw into the convenience store in which the victim is mixed, threatening the victim to the new wall, and forcibly takes cash, and the nature of the crime is not good.

The victim seems to feel fear of the crime of this case and received mental impulses.

In addition, the defendant has been sentenced to a suspended sentence of imprisonment for the same criminal offense in 2005.

On the other hand, it seems that the defendant did not move to a living standard and caused the crime of this case, and there are some circumstances to consider the background of the crime, and the amount of damage.