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(영문) 수원지방법원 평택지원 2019.05.10 2018고단1526
강요미수등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 10, 2017, at around 01:45, the Defendant: (a) entered the D convenience store where the victim C (n, 37 years of age) working in Pyeongtaek-si B, and asked the victim to search for the alcohol; (b) however, the Defendant tried to have the victim search for the alcohol by means of a threat and behavior that the victim did not properly find it.

On the same day, the Defendant: (a) carried the entrance at the convenience store of the victim, fastened with the entrance, carried the knife with the knife, carried the knife with the knife, and carried the knife with the knife of the victim; (b) carried the victim’s body, etc. without the victim’s demand by stating “Anif the victim’s demand,” and carried the victim as if he would threaten the victim’s body, etc.; and (c) carried the knife with the knife and knife, following the Defendant, carried the knife and knife inside the warehouse, and carried out the alcohol cooling and knife with the Defendant. However, the Defendant went away from the warehouse.

Ultimately, the above victim intrudes into the room possessed by the victim, and made the victim perform an unobligatory act by threatening the victim, but the victim fleded and attempted to flee.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (verification of CCTV images inside convenience points);

1. Application of the police protocol law to C

1. Relevant Article 324-5 of the Criminal Act, Articles 324-5 and 324 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act, which provide applicable Article on the crime;

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

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the following factors of sentencing are comprehensively considered: Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and other factors of sentencing under Article 51 of the Criminal Act as indicated in the records of the instant case, such as the circumstances after the crime.

The elements of sentencing in favor of the defendant are recognized by his mistake.

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