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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant was placed in an economically difficult situation due to the lack of any other revenue, and the defendant was willing to receive money and valuables by entering a singing practice room operated by the victim C (the age of 55) in Busan Northern-gu B.
On January 2021, the Defendant prepared tools necessary for committing the crime, such as purchasing one fishing blade ( approximately 23 cm in total length, approximately 13 cm in total length, approximately 13 cm in length) and one excessive ( approximately 28 cm in total length, about 18 cm in length) from the F E in Busan Northern-gu, Busan.
At around 17:54 on February 19, 2021, the Defendant: (a) threatened a deadly weapon, which was prepared in advance, to the body of the victimized person; (b) threatened the victim with “hacker, the floor, d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. k.,
After that, the Defendant took the victim at 7 times in the above D Sing practice room, covered the victim's face with a chylyl chloride, obstructed the victim's resistance, and prevented the victim from resisting. The Defendant taken the victim's 10,00 won gift certificates 5 and 509,000 won in cash in the victim's boom in the above D Sing practice room.
Accordingly, the defendant took the victim's property while carrying a deadly weapon.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s report on investigation into the police statement (on-site photo), 17 Chapters C’s on-site photo (on-site photo, criminal tool, etc.), photographs by capturing up a criminal image and each protocol of seizure and the application of the statutes on the list of seizure lists;
1. Relevant legal provisions of the Criminal Act and Articles 334(2), 334(1), and 333 of the Criminal Act, the choice of imprisonment with prison labor for the crime, and the choice of imprisonment with prison labor for the limited term;
1. Article 62(1) of the Act on the Suspension of Execution of Article 53 and Article 55(1)3 of the Act on the Reduction and Exemption of Small Amount (the conditions favorable to the reasons for sentencing as set forth below) of the Criminal Act (the following sentencing has been repeated for more favorable circumstances). Article 62-21 of the Criminal Act on the observation of the protection of Article 62(1) of the Act on the Suspension of Execution of Sentence