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(영문) 대구지방법원 2016.04.15 2016고단845

공갈

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. On January 1, 2016, the Defendant entered a D convenience store where the victim B (26 years of age) in Daegu Dong-gu, Daegu-gu (2016) works as an employee, and she took away the victim from the convenience store and took away from the convenience store.

It is necessary to put the inside of a mountain into a mountain, and there is a lot of money.

At this time, the credit cooperative promptly received 100,000 won from the cash withdrawal at the convenience store from a person who suffers from frightage, and received 100,000 won from the cash withdrawal store.

2. On January 4, 2016, at the same place as indicated in paragraph 1, around 05:45, the Defendant put the knife knife knife knife knife knife, which entered the above D convenience point calculation unit, into the knife knife knife, and brought the knife to the victim.

Since there is no time to pay the fake money now, it has been threatened by receiving 295,000 won in cash from the person who suffered from the fluenent damage to the fluenent damage in cash.

Summary of Evidence

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement in the police statement protocol against B; and

1. The provisions of Acts and subordinate statutes applicable to the detailed statement of the case processing of the 112 Report (Robbery report), report on the results of field identification, investigation report (verification of the suspect taken on the scene of the crime and EPC CCTV), investigation report (Attachment to photographs taken by the suspect A 19 years old-old CCTV), records of seizure and list of seizure, investigation report (as to seizure of the suspect A), investigation report (as to attachment of seized objects), and each description or video record;

1. Relevant provisions of the Criminal Act and Article 350 (1) of the Criminal Act concerning the selection of punishment (Optional to imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. The grounds for sentencing of Article 333(1) of the Return Criminal Procedure Act [the scope of statutory penalty] - type 1 (less than KRW 30 million) (the amount below KRW 30 million) and type 1 (the person subject to special sentencing) (the person subject to special sentencing).