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(영문) 광주지방법원 순천지원 2019.05.09 2018고단2761
특수공갈미수
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 20:00 on August 1, 2018, the Defendant: (a) accumulated food knife (17cm in length, approximately 13cm in length) (13cm in length), which is a dangerous object accumulated in a newspaper, to the victim C (the flife, 52 years old) (the knife, about 17cm in length, about 13cm in length) (the knife in which the knife settled knife in the fish knife), and said, “the knife in which the knife paid back 420,000 won in length.” However, the victim who f

Accordingly, the defendant carried dangerous articles and attempted to receive property by committing the crime, but did not bring about such intent.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. CDs, photographs, and knives photographs;

1. Application of Acts and subordinate statutes to a report on investigation (to hear statements of witnesses at the site);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant has accumulated food and character, environment, conditions, sentencing guidelines, etc. of the defendant who is a drinking house business owner in a newspaper and has changed the drinking value to the drinking house business owner, but the nature of the crime is not very good, the victim's attempted crime is not taken. However, the defendant's reflectness, the crime is committed against the defendant, the crime is committed against the attempted crime, there is no record of punishment exceeding the fine prior to the crime of this case, and there is no record of criminal punishment since 2006, and the punishment shall be determined as ordered by the order, taking into account the defendant's age, character and behavior, environment

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