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(영문) 광주지방법원 2019.03.20 2019고단459
특수공갈미수
Text

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

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

At around 04:30 on February 6, 2019, the Defendant: (a) changed the amount of money to the victim working for the mixed accounting unit at the D convenience point where the victim C (here 26 years of age) works in Seo-gu in Gwangju-gu, Gwangju-gu; (b) however, the victim refused to do so; (c) took action as if the victim were to have a stone with a size of a spicked hand, which the victim had been prepared in advance, and (d) took action as if he were to be taken; and (d) “I want to get a knick, I want to get a knick, I want not to get a knick. I want to get a knick. I want to get a knick, I want to get a knick, and the victim resisted and rejected it.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to photographs on crime scene;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has no record of criminal punishment, because he/she has difficulties in living, leads to the crime of this case, all of the criminal facts are recognized and reflected. The crime of this case is committed in the attempted crime, and the defendant's age, character and conduct, environment, means and result of the crime, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the circumstances after the crime, shall be determined as the order, comprehensively taking into account.

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