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(영문) 인천지방법원 2015.08.31 2015고정2389
공갈미수
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 2, 2015, the Defendant, while under the influence of alcohol on the backway of the Incheon Bupyeong-gu Office of Bupyeong-gu, Incheon, 419-7 Bupyeong-dong, the Defendant 1 took a bath to prevent the victim’s vehicle from driving C (the age of 44) and the victim “FUK YOU” to “FU”. The Defendant put the window of the victim’s driver’s vehicle at one hand, and said, “the difference in 00 won”.

As such, the Defendant intending to attack the victim and receive money from the frighten victim. However, the victim did not have the intent of escape depending on the reduction of the victim’s escape and did not commit an attempted crime.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the investigation report;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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