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(영문) 서울북부지방법원 2016.11.04 2016고합431
특수공갈등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. Around September 6, 2016, the Defendant: (a) 01:45 on September 6, 2016, on the ground that the victim D in Dobong-gu Seoul Metropolitan Government brought a kitchen knife, which is a thing dangerous to his/her hand, on the ground that the he/she had a sudden fall before “E” operated by Dobong-gu Seoul Metropolitan Government C; (b) the kitchen knife, which is a thing dangerous to his/her hand, cut down the market price of KRW 50,000,00

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. A special assault Defendant: (a) around 02:20 on September 6, 2016, around 02:20, the victim G (the 54-year-old age) who was passed in the vicinity of Dobong-gu Seoul Metropolitan Government F (the 54-year-old age) changed to himself/herself, and (b) took a kitchen knife, such as paragraph (1), which is a thing dangerous to his/her hand, and knife the knife of the victim’s side knife.

In this respect, the defendant carried dangerous objects and assaulted the victim.

3. On September 6, 2016, at around 02:36, the Defendant, at the I convenience store located in Dobong-gu Seoul Metropolitan Government, took a kitchen knife like Paragraph 1, which is an object dangerous to his/her hand, and entered the convenience store, and there is a difference between tobacco and string, and then received tobacco and string in an amount equivalent to 4,900 won at the market price from the victim, and then the victim requesting the calculation thereof “the victim is a credit with tobacco and string.” The Defendant, at around 02:36, 2016, made the victim, who was an employee, waives his/her claim for the payment thereof.

In this respect, the defendant carried dangerous things and received property from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J and G;

1. Written statements prepared by D;

1. Bridges and photographs;

1. Application of Acts and subordinate statutes to each investigation report (to cover the CCTV screen of an I convenience store, to the counter investigation of the victim of damage to property, to attach damaged tent photographs);

1. The point of Article 369 (1) and Article 366 of the Criminal Act, the point of special damage and damage, and imprisonment with prison labor, for the crime concerned and for the choice of punishment;

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