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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
around March 2014, the Defendant entered the EDaa managed by the victim D (V, 45 years of age) in Incheon, and was aware of the fact that the victim was unable to be able to be able to be able to the end of Korea as a ship yard in the process.
On April 2014, the Defendant had expressed a mind to collect money from the victim who did not know at the end of Korea in order to prepare for living expenses, etc. at the beginning of April 2014.
On April 6, 2014, at around 18:30 on April 18, 2014, the Defendant found the excessive (15cm in length) which is a dangerous object to the above "Edab", and ordered the victim to put it into the clothes above the upper gate.
The Defendant, along with the victim who was seated next to the victim, brought the coffee to the part of the victim in the above excessive course, brought the victim's face to the part of the victim, and led the victim's resistance to the victim's face to the hand.
After that, the Defendant caused the victim to offer the victim's operating income, and caused the victim to open the carper, and 1,50,000 won in cash was deducted from the victim.
Summary of Evidence
1. Statement to the effect that the defendant has received coffee at the time and place stated in this Court;
1. Each legal statement of D, F, G, and H;
1. Statement to the above purport among the interrogation protocol of the defendant by the prosecution against the defendant
1. Statement by the prosecution concerning D;
1. Each police statement made to D or F;
1. A written request for identification and written request for appraisal by DNA of the detained suspect;
1. Application of statutes on site photographs;
1. Relevant Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the facts constituting an offense, and Articles 33 of the Election of Imprisonment;
1. The Defendant, as to the assertion of the Defendant and his defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, received similarity from the victim at the time and place of the judgment, and paid only KRW 10,000 out of the price 40,000,000, and the victim must pay the remaining KRW 30,000.