공갈미수등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Around 05:00 on April 16, 2019, the Defendant was aware of the victim D(64 years of age) and the victim D(s) under the influence of alcohol on the front of the "C convenience store" located in Michuhol-gu Incheon Metropolitan City, and entered the convenience store, divided into two parts, and went together with the victim, and led the victim to the next parking lot, led the victim, and was pushed up the victim, and was pushed up the victim's face by drinking going into the body of the victim. On the other hand, the Defendant sent the victim's face again to the front of the "C convenience store" and sent it to the victim's face by drinking. In short, the Defendant did not demand that the victim do so by assaulting the victim for about 1 hour and 20 minutes, such as walking the victim's bridge, but did not demand that the victim do so with the victim under the influence of assault, such as the number of eye days of treatment, etc., but did not demand the victim to receive any money and valuables from the victim."
Accordingly, the defendant injured the victim and attempted to withdraw the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning D;
1. Each investigation report (security and analysis of CCTV images of the C convenience store building, parking lot, CCTV, securing and analysis of CCTV images for crime prevention, attaching copies of medical records of victims, hearing statements of victims);
1. Copies of medical records; and
1. Application of the CCTV image Acts and subordinate statutes to the closure of each photograph and CCTV image;
1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Articles 352 and 350 (1) of the Criminal Act (the point of attempted threat) concerning the crime and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. Scope of recommended sentences according to the sentencing criteria;
(a)basic crimes (a determination of types of injury);