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(영문) 춘천지방법원 원주지원 2015.10.06 2015고단430
폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)
Text

The defendant shall be innocent.

Reasons

1. On February 8, 2012, the Defendant was sentenced to a suspended sentence of three years for a violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.), etc. at the Seoul Northern District Court (collectively, deadly weapons, etc.), and the said judgment becomes final and conclusive on May 19, 2012 and is currently under suspended sentence.

On March 15, 2014, around 18:35, the Defendant saw the transition of goods, which are dangerous goods to the nurse rooms of the fourth fourth floor in D Hospital in Dinju City, as his hand, and called “the victim E (the age of 31) who is a nurse (the age of 31) has been referred to as “a person who does not want to do so, and is about to do so,” and said, “the mother is the mother of the day, and there is no tea, and there is no tea, and there is no money to do so,” and received 21,000 won from the drinking victim, namely, money.”

Accordingly, the defendant was given property by threatening the victim.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the Defendant had an intentional intent to commit an attack using a deadly weapon.

It is difficult to see that the victim provided property to the defendant due to the defendant's intimidation, and there is no other evidence to recognize it.

① The Defendant cited excessive amount and delivered excessive amount to the nurse’s room to the victim E, and the victim immediately concealed it.

If the defendant had the intention to threaten the victim by using excessive amount of money, it seems that he did not act.

② At the time, the witness F, who was in the nurse room with the victim, stated as follows: “The Defendant stated that “I would like to kill and see the audience, but I would have been referred to as “I would have been able to do so,” and that I would not feel a threat due to overwork because I asked the victim. However, I would like to give and present money because the Defendant would have a fear of a sudden action.”

(3) The injured party shall be accompanied by the defendant's rest in a resting room.

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