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(영문) 인천지방법원 2017.07.05 2016고단7705
특수공갈미수
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

On October 23, 2016, around 16:20, the Defendant demanded from the victim D (n, 69 years of age) (n, n, n, n) of the victim D in Jung-gu Incheon, Jung-gu, Incheon) to change the victim’s credit to 2 sick workers. However, the Defendant refused to provide alcohol without giving the victim’s credit rating so far, and the Defendant’s kn knife or knife (n kn kn kn kn kn kn kn kn kn kn kn kn, 20

The victim showed her hand, and the victim said that "the alcohol changed............" was hot.

Defendant 1 carried dangerous objects as above, and attempted to deliver 2,80 won a total of the market price of 2,800 scams from the victims of drinking, but failed to commit an attempted crime by police officers dispatched to the scene with the victim’s 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Article 25(2) and Article 55(1)3 of the Criminal Act that attempts to commit an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 62-2 of the Criminal Act (the scope of recommendations given on the sentencing criteria) of the Criminal Act on the observation of protection and order to attend lectures, and the crime of this case shall not apply to attempted crimes and the sentencing criteria shall not apply

[Determination of sentence] In full view of the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, sexual conduct, family relation, family environment, motive and means of crime, and circumstances after crime, the sentence shall be determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

No injured person is punished for a defendant.

The defendant seems to have committed the crime of this case by drinking at the time.

Unfavorable circumstances: the defendant is existing.

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