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(영문) 의정부지방법원 2016.05.19 2015고정2008
공갈미수등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant who attempted to commit an offense from around 10:45 on January 12, 2015

4. From 17:00 until 27:17:00, the victim C (57) demanded KRW 18 million, such as the vehicle installment and the rent deposit, and “I ambling down the premium by festing it, if you do not pay the premium, then I ambling it by a mobile phone text message of about 30 times.”

The Defendant, as such, attempted to receive money from the victim who frightened the victim, but did not receive money from the victim.

2. On May 3, 2015, around 10:00, the Defendant expressed to the victim C (57 years of age) at the meeting room of the E church conference located D and D on May 3, 2015, that “I see this dog, width,” and carried out an injury to the victim C (57 years of age) on his/her hand when I am the victim’s head, knife the victim’s head, and knife the back part of the victim’s head, and 2:3 times at approximately 14 days, I am the victim injured.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C, F, G, and H;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing text messages, photographs, images, and damaged photographs;

1. Relevant legal provisions on criminal facts, Articles 352, 350(1) (the attempted crime), Article 257(1) (the point of injury) of the Criminal Act, and the choice of fines (the defendant and his defense counsel shall not establish an attempted crime or have not inflicted an injury on the victim. However, the defendant's act of having the victim receive money by threatening the victim as stated in the criminal facts constitutes the attempted crime, and the act of having the victim receive money by threatening the victim as stated in the criminal facts constitutes the attempted crime, and according to the evidence of the judgment, it is sufficiently recognized that the defendant inflicted an injury on the victim as stated in the criminal facts)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;

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