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(영문) 전주지방법원 정읍지원 2019.05.23 2019고단31

특수공갈미수

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the defendant completed the repair work and landscaping work of the factory operated by the victim at the request of the victim B (the age of 61) who was the early, middle, and high school, the defendant did not pay part of the construction cost, such as the price of pine trees.

At around 20:30 on December 23, 2018, the Defendant: (a) requested the victim to pay the construction cost from the back seat of the DNS E Q90-car, owned by the victim in front of the C village village at Jung-gu, Chungcheongnam-si; (b) the victim did not comply with the request; (c) the victim took away the transition (a total length: approximately 27 cm, a knife length: approximately 15 cm: :5 cm) which is a dangerous object possessed by the victim; and (d) after dancing, the victim took the part of the victim; and (e) the victim did not have to live human life, “the bad credit holder who takes out the money out of the width.” However, the Defendant attempted to take fright to the victim, but the victim did not comply with the request while setting up the Defendant’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning B (including photographs);

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Articles 352, 350-2, and 350 (1) of the Criminal Act concerning facts constituting an offense (the occupation of attempted special attack);

1. The nature of the crime is not good in light of the risk of threatening the victim by threatening the defendant, who is a dangerous object, for the reason of sentencing under Article 62(1) of the Criminal Act.

However, there are circumstances that may be considered in the course of the crime in which the defendant did not receive 20 million won for planting pine trees from the victim in excess of debt, and the defendant would not receive 20 million won for planting pine trees again. Since then, the defendant would not receive 20 million won for selling pine trees again, and the defendant had no special criminal record other than 3 times prior to 190, and other circumstances after committing the crime.