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(영문) 서울남부지방법원 2014.04.11 2014고단120
폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)
Text

A defendant shall be punished by imprisonment for one and half years.

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

Reasons

Punishment of the crime

On January 9, 2014, around 07:15, the Defendant discovered that the victim E, the owner of the business, was mixed with the victim in Geumcheon-gu Seoul Metropolitan Government, carried the goods into the convenience store, found the surrounding areas, and then presented the small 4 bottles in the cooling season and presented them to the victim, and changed the Defendant Company A.

Since then, the victim saw that he was in plastic bags, and the defendant was in possession of soft and tobacco in plastic bags, and the defendant showed an attitude that he would be in danger of the victim unless he was aware of it, by leaving 1 cm in length per day and 22 cm in total length per day.

The Defendant carried a dangerous object with the victim, and received a delivery of 4,300 won in total at the market price from the victim of drinking, which is 4,300 won or more.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (inspection of CCTV records at the scene of occurrence);

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., that the person involved has been pened in depth, that the person involved has agreed smoothly with the victim, that the amount of damage was not so significant, that the person involved in intimidation the victim by means of putting his/her knife with him/her, that he/she did not directly harm the victim, that he/she did not have any same power, that he/she did not have any criminal record or heavier than that of the suspension of execution; and

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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

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