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(영문) 청주지방법원 2018.01.10 2017고단1540
특수공갈
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

1) On November 24, 2015, the Defendant, at around 17:37, 2015, Da (54 Does) operated by the Victim D (54 Does) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, a dangerous thing for the victim, and knife “the Defendant was the four death of a person, width, bad, and bad credit.”

As such, the Defendant received from the victim, who frightened the victim, a total amount of 35,100 won from frighten, 3 bottles in frighten, and 1 A of tobacco.

As a result, the defendant carried dangerous objects and received property from the victim.

2) On December 12, 2015, the Defendant, at around 10:48 around 12, 2015, laid down a knife, which is a dangerous object, on the accounting unit in which the victim F (n, 44 years old), served as a victim F.

The Defendant, as such, was delivered the victim with 19,300 won in total from the victim who frightened the victim, i.e., pigs with 19,300 won in frighten, 2 sick, hambl, etc.

As a result, the defendant carried dangerous objects and received property from the victim.

Summary of Evidence

Application of Acts and subordinate statutes on accounting records of the defendant's legal statement F, D's police statement

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

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is that the Defendant, even though having been sentenced to a crime such as murder and fire-prevention, has committed a crime threatening people, and thus, it is necessary to severely punish the crime.

However, the execution of imprisonment is suspended in consideration of the fact that the defendant reflects the wrong, the amount of damage is relatively minor, the victims do not want the punishment of the defendant, the circumstances where the defendant received hospital hospital treatment due to alcohol addiction and mental illness, etc., and the protection and observation is also ordered to prevent recidivism.

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