On April 29, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for an injury at the Busan District Court, and completed the execution of the sentence at the Busan Detention Center on November 18, 201.

1. 공갈미수 피고인은 2012. 11. 2. 14:30경 부산 동구 초량동에 있는 부산역 광장에서 그 곳을 지나가는 피해자 C(61세)을 불러 세워 “돈 30,000원만 주라, 아니면 술 한 잔 사라”고 겁을 주고, 이에 겁을 먹은 피해자가 돈이 없어 술을 살 수 없다고 한다는 이유로 피해자의 얼굴 부위를 주먹으로 2회 때리고 발로 피해자의 무릎 부위를 1회 걷어찼다.

Accordingly, the defendant attempted to receive property from the victim by threatening the victim, but the victim did not possess money and did not commit an attempted crime.

2. The injured Defendant suffered bodily injury for about four weeks, such as the date and time indicated in paragraph 1, and the victim’s knee, twice a part of the victim’s face, walking knee, one time a part of the victim’s knee, leaving the victim’s knee, and leaving two times a part of the victim’s knee, etc., on the ground that the victim had no money at the place.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution (including part concerning the C's statement);

1. Statement to C by the police;

1. Each investigation report (an investigation into the statement by a shote telephone and the number of days of treatment);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (investigation into confirmation of convicts);

1. Articles 352, 350 (1) and 257 (1) of the Criminal Act, the choice of applicable laws and punishments concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;