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(영문) 춘천지방법원 원주지원 2014.11.25 2014고단860
폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

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

Reasons

Punishment of the crime

1. A thief: (a) around August 22, 2013, the Defendant: (b) committed theft with 180,000 won owned by the victim D located in C at the home of the victim located in C at Won-si; and (c) committed theft with the said victim’s ownership located on

2. Violation of the Punishment of Violences, etc. Act;

A. On March 23, 2014, the Defendant: (a) around 22:20 on March 23, 2014, within the F convenience point located in Won-si, and (b) around 22:20, the Defendant used each item (the length of 84 cm, diameter 3 cm), which is a dangerous object, to the victim G (the 22-year old age), who is an employee, in advance, to prepare for a dangerous object (the 84 cm in length

The Defendant, as such, was delivered to the victim with a frighten tobacco amounting to KRW 2,00,000 at the market price at the same place.

B. At around 22:59 on the same day, the Defendant sought the above convenience point again, set the floor as the above items, and put the above victim into the “satisfy”, stating that the Defendant “Satfy” was “Satfy.”

The Defendant, as such, was delivered to the victim with a chain of 1,400 won at the market price at the same place.

As a result, the defendant carried dangerous things and received property from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to the arrest and reporting of crimes of violence, etc.;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Articles 3 (1) and 2 (1) 3 of the same Act, Article 350 of the Criminal Act, Article 329 of the Criminal Act;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectability, intention not to punish the accused G, the health status of the accused, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Probation under Article 62-2 of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation;

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