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

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 6, 2010, at around 16:10, the Defendant: (a) opened and entered a Vietnamed window, which was not corrected at the victim D’s house in Daegu-gu, Daegu-gu, and (b) took a deadly weapon (10cm in length) in advance, and (c) made the victim’s withdrawal of money and valuables by threateningly threatening the victim to “inducing the value of money,” and by threatening the victim to “inducing the value of money.” However, the Defendant did not commit an attempted act by taking the victim as the hand of the wind, which was adjacent to the victim’s house in the Seogu-gu, Daegu-gu, Daegu-gu, and then did not bring about the intent

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the personal identification of field identification, scene photographs of crimes, and fingerprints of robberys;

1. Relevant Article of the Criminal Act and Articles 342, 334(2)1, and 333 of the Criminal Act concerning the crime [the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)]

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006)

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for sentencing”), whichever is favorable, is considered as follows.

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Imprisonment with prison labor for not less than two years and not more than six months but not more than seven years and not more than six months;

2. Determination of sentence: The crime of this case with two years and six months of imprisonment, and four years of suspended execution, is committed by the Defendant, while the Defendant, entering the victim’s house with a deadly weapon and forced withdrawal of the property, and the nature of the crime is not less complicated in light of the motive, circumstance, and content of the crime, etc.; and the victim appears to have suffered considerable mental shock due to the crime of this case.

However, the Defendant recognized all of the instant crimes and reflected his mistake, and considered favorable circumstances, such as the fact that the instant crime was committed in the attempted crime, and the victim did not want the punishment of the Defendant.