logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.12.23 2014고단8450
폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)
Text

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

except that 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 November 2, 2012, the Defendant was sentenced to 6 months of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court and 2 years of suspended execution on November 10, 2012, and the said judgment became final and conclusive.

Criminal facts

When the defendant was dismissed from a shipbuilding yard and was instructed to a living life, he had his mind to take away another's property in order to compensate for living expenses.

Around 09:50 on March 10, 2009, the Defendant: (a) entered the beauty room located in the 2nd floor in Jinju-si, Jinju-si, with the excessive amount of money going to the left hand floor; and (b) made the victim D (in female, 29 years of age) who is an employee of beauty room, called “in the city of Metropolitan City, Metropolitan City, Do, Do,” and left money and valuables, but he did not receive money in cash during the number of victims.

Accordingly, the Defendant, while carrying with the deadly weapons, forced the victim to withdraw money and valuables, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Written request for a gene appraisal;

1. Investigation report (investigation into recovery from DNA appraisal request, suspect-specific, hearing of statements by victims);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (related to competition under the latter part of Article 37 and attachment of a final and conclusive judgment

1. Articles 6, 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 350 of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) considering the following: (b) the Defendant, as a deadly weapon, tried to keep the victim out of Korea; (c) reflects the fact that he/she attempted to commit a crime; and (d) was entitled to a trial at the same time with the final and conclusive judgment,

arrow