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(영문) 서울중앙지방법원 2014.09.19 2014고합933
강도
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, one-day construction business operator, who was released from the Victim C (Age 51) D, had been working on the other day from October 201 to November 201 of the same year, and had been making it difficult for the Defendant to live in an amount equivalent to KRW 10 million out of the construction cost of KRW 20 million even though he had been working on the other day at the construction site in Seoul Eastdong from around October 2013 to around the middle of the same year, and had been urged from the victim to force the payment of the construction cost.

On April 8, 2014, at around 13:45, the Defendant: (a) concealed food blades (total length of 32 cm, 21 cm, and Proof No. 1) prepared in D offices located in Gangnam-gu Seoul Metropolitan Government E, into newspapers; (b) demanded an interview with the victim; and (c) prevented the victim in contact with his/her employees from leaving the office and leaving the entrance of other employees so that he/she could not enter the office.

The Defendant, who continued to sit in a sofaced the kitchen knife that he had been prepared in advance at the right side of the victim, threatened the victim with “I will die without giving rise to the increase of construction cost,” thereby suppressing the victim’s resistance, which was facing, and then had the victim wired 10,750,000 won not paid to the new bank account in the name of the Defendant-friendly F.

In this respect, the Defendant took the charge of the construction cost by threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C, G, and H;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to the copies of the knives and photographs used for committing the crime, and the results of the transfer;

1. Article 33 of the Criminal Act applicable to the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly taken into consideration among the reasons for sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The range of applicable sentences: Imprisonment for not less than one year and six months but not more than fifteen years;

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