logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2018.04.06 2017고단2999
특수공갈등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On October 17, 2017, the Defendant was under the influence of alcohol level of 0.256% among the blood transfusions around 05:13, the Defendant driven CM5 car at the 1km section from the south-gu flow-dong flow-driven roads to the front side of the same flow string through the same flow flow ecological wastes.

2. On October 17, 2017, around 05:13, 2017, the Defendant: (a) around 05:13, in the south-dong-dong-dong-dong-dong-si, “E” convenience store, the sum of KRW 17,300 of the market value of the 17,300 C, 2 C, and 2 A of tobacco. The victim F (n. 22 years of age) included the above goods in the sealing, and made the Defendant flown to the Defendant and pay the price, and the knife knife ( approximately 30 cm in total length, approximately 17 cm in length), which is a dangerous object between preparation and preparation, towards the victim.

(b) simple;

Dried by "Jae," and carried with the above wing place.

Accordingly, the defendant carried dangerous things and received property by committing the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Statement report on the situation of the driver at driving, notification of the results of crackdown on drinking driving, investigation report (Attachment to ctv photographs and images at the scene of crime);

1. Protocols of seizure;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment), Articles 350-2 and 350 of the Criminal Act concerning the facts constituting an offense; Article 148-2 (2) 1, Article 44-2 (1) of the same Act concerning the option of punishment; the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The Defendant, on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, had had a record of being punished by a fine due to drinking prior to the instant case, but was driving under the influence of alcohol with a very high alcohol concentration in the blood.

In addition, the defendant's act that threatens the knife is used.

arrow