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(영문) 수원지방법원 2013.04.18 2012고단5455
폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 06:00 on October 28, 2012, the Defendant demanded the Defendant’s home located in Suwon-si C304, to have a sexual intercourse with the victim D (the age of 24) who met at the age club, but the victim refused it and returned to the house, which is a dangerous object in the defective kitchen, and left the victim by putting the victim with a 12 cm in the defective kitchen, and “I have to pay money to the width. It is close that I have to pay money.” The Defendant was issued a 27,000 won from the food victim, namely, a knife, of drinking money.”

Accordingly, the defendant was given property by threatening the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of D police statement;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, Article 350 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is deemed to be poor. However, considering the fact that the defendant has no other criminal records except the crime in this case, the victim does not want the punishment, and other various sentencing conditions such as the defendant's age, character and conduct, environment, and circumstances after the crime, the punishment shall be determined as ordered.

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