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(영문) 서울북부지방법원 2016.04.28 2016고단160

특수공갈

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 25, 2015, around 02:16, the Defendant: (a) told the victim C (22 years of age) who is an employee of Seoul Special Metropolitan City, to “a loan 1.20,000 won;” and (b) threatened the Defendant with the kitchen knife with a kitchen knife, which is a dangerous thing used in a bad hand, without giving money to the Defendant.

The Defendant carried dangerous objects and received 120,000 won from the victims of drinking, which are likely to threaten the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A protocol of seizure and a list of seizure;

1. Application of the existing Acts and subordinate statutes of seized kitchen blades (No. 1);

1. Articles 350-2 and 350 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Consideration, such as the fact that the amount that a defendant with reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act was brought up is less than the amount that the defendant was brought up and that the money was returned to the victim and that the defendant's health status is not good;