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(영문) 서울서부지방법원 2010.06.24 2010고단931
공갈미수
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On April 26, 2010, at around 09:20, the Defendant: (a) paid 30,000 won in advance to the Eppypt operated by the victim D (the age of 54) located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) ordered the 30,000 won of the drinking value on the ground that the victim’s service is not good; and (c) refused it, the Defendant “a refund of 30,000 won” means “a refund of the drinking value” on the ground that the victim’s service is not good; (d) the victim refused it, “a bit of a bitch, a bit of a bitch, a bit of a bitch, a bit of a bitch, a bit of a bitch, and a spack of a brush to the victim, the victim, and the victim,

At around 09:20 on the same day, the Defendant: (a) sealed the victim’s head bond to escape out of a bitch, i.e., “the same bit of bitch bitch bitch bitch bitch, this bitch bitch bitch bitch bitch bitch,” and (b) sealed the victim’s head bond to escape out of a bitch.

As such, the Defendant aided the victim, and 30,000 won of the drinking water from the victim who frighted to the drinking water, but the victim frighted out of the drinking water, but did not commit an attempted crime, even though the victim fright to escape out of the drinking water.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article 352 of the Criminal Act and Articles 352 and 350 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant denies his criminal act, the history of punishment in relation to the act of violence has 28 times, the crime of this case also occurred during the repeated crime period, and the attitude of the act is not good. However, the fact that the defendant used violence is recognized, the mother of the defendant has agreed to do so with the victim, and the crime of this case was committed in the attempted crime, and the profits of the defendant's property are insignificant.

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