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(영문) 부산지방법원 서부지원 2018.01.25 2017고단1398
공갈미수등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 July 17, 2017, around 11:40, the Defendant used the “D” office located in Busan Landong-gu, Busan, for three months to provide medical treatment, and requested 10 million won to the victim E (51 tax). However, on the ground that the victim did not respond to the request and did not have any dispute, the Defendant committed assault against the victim on the ground that the victim did not have any 10 million won.

2. On July 17, 2017, around 15:30 on July 17, 2017, the Defendant who attempted to commit an attack is a knife that carries the victim E with his body within the Defendant’s residence of F apartment No. 202, 605, 202-dong 605, and that he died and died of 10 persons.

I am without permission therefor.

Before the death, the video recorded with the voice of "Before the death of the deceased shall be transmitted to the cell phone of the injured party, and at the 16:36th day of the same day, why the President of the National Assembly disregards the son's intention.

L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L.

Although the victim was frighten, the victim did not deliver money to the victim so that the victim failed to do so.

Summary of Evidence

1. The defendant's legal statement corresponding thereto;

1. Legal statements of E and G;

1. Duptures of intimidation and photographs of blades;

1. As to the assertion of the Defendant and his defense counsel, the Defendant and his defense counsel asserted that the Defendant and his defense counsel only passive defense against the victim’s assault among the facts charged in the instant case, and that there was no assault against the victim. However, in full view of each evidence revealed in the summary of the evidence above, it is sufficient to find the Defendant guilty of this part of the facts charged. Therefore, the above assertion is without merit.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Articles 352 and 350 of the Criminal Act (the point of attempted attack) and the choice of imprisonment with prison labor for the crime;

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. Suspension of execution;

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