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(영문) 대구지방법원 안동지원 2013.07.18 2013고단282

공갈미수

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 3, 2013, around 23:19, the Defendant presented a monthly probation certificate to the victim E (e.g., 21 years of age) who works alone at the D coffee shop located in Ansan-si, Andong-si, and “B is a special robbery, currently on probation. There is no difference in intending to go to the Young-do. There is no difference in 27,800 won. There is a difference in knife to lend knife knife knife knife knife knife knife knife.”

The Defendant, as above, intended to receive money from the victim because he was frighted by the victim, but the victim went into the above coffee shop with intent to bring money, and did so at the wind to report to the police.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of Acts and subordinate statutes to each investigation report (to attach photographs of a probation office used when the suspect threatens the victim, and to attach on-site photographs).

1. Relevant provisions of the Criminal Act and Articles 352 and 350 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the defendant committed a similar crime even though he was under the suspended sentence due to an attempted special robbery, and when comprehensively takes account of the following: (a) the nature of the crime is inferior; (b) the confession, the violation, the violation is committed; (c) the crime is committed against the attempted crime; (d) the defendant's family members agree with the victim; and (e) the defendant's family members agree with the defendant to provide alcohol treatment, etc., it would be harsh to sentence the defendant and have the suspended sentence executed; and (e) the sentence should be imposed and the sentence shall be determined like the order.