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(영문) 서울북부지방법원 2019.11.29 2019고단4146
특수공갈
Text

A defendant shall be punished by imprisonment for one year.

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 June 30, 2019, the Defendant: (a) around 01:28, at “C” ran tavern in Dongdaemun-gu Seoul, Seoul underground level; (b) the victim D, who was sled at the sudden kitchen while drunked, was under the influence of alcohol and was sled, threatening her to “influence,” thereby threatening her to “influence,” and (c) the victim’s knife ( approximately 20cm in length, 8cm in length on the day) with the dangerous object her knife, cut off, and her knife the knife; and (d) the victim’s knife knife knife knife knife knife knife knife knife knife knife knif knife knif knif knif.

As a result, the defendant was delivered 10,000 won in cash to the victims of dangerous things, who frightened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation (a report on hearing statements by a victim);

1. Credit card slips used by suspects;

1. Investigation report ( Results of requests for appraisal of oil, electronic and fingerprints);

1. Application of investigation reports (CCTV image verification report) and field CCTV video-related Acts and subordinate statutes;

1. Articles 350-2 and 350 of the Criminal Act concerning the facts constituting the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [the range of punishment of punishment] (the range of recommended punishment and the scope of recommendation), six months to two years (the range of recommendation correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction correction

2. Determination of sentence: Determination of sentence: A dangerous article, the victim knife the victim in order to take the cash, and the fact that the nature of the crime is not good, and that there was a record of punishment several times for the same kind of crime, etc. is disadvantageous;

However, the defendant committed the crime of this case.

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