폭력행위등처벌에관한법률위반(공동공갈)
208 Highest 5141 Violation of the Punishment of Violences, etc. Act (Joint Bribery)
1. Defendant 1
2. Defendant 2
nan
nan
November 20, 2008
Defendants shall be punished by imprisonment for eight months.
The number of detention days prior to the issuance of this judgment shall be one day, and each sentence shall be included in the Defendants.
However, the execution of each of the above punishment against the defendants is suspended for two years from the date this judgment became final and conclusive.
The defendant 1 was aware of the fact that construction waste was illegally buried in the Jung-gu Incheon Metropolitan Government (hereinafter omitted) around May 18, 2008 and tried to gather money from the victim for advertising expenses by allowing the victim to enter the Incheon Sipo-Gun Office as a reporter of the social department of Geumcheon-gu Seoul Metropolitan Government (hereinafter omitted), and the defendant 2 to ○○'s daily newspaper in the Geumcheon-gu Incheon Metropolitan Government (hereinafter omitted) as a reporter of the social department of the city of Geumcheon-gu (hereinafter referred to as the "Seoul Metropolitan Government") to gather money from the victim.
On May 26, 2008: at around 00, the Defendants told the victim in Jung-gu Incheon Metropolitan City (hereinafter omitted), but Defendant 1 referred to the treatment process to the effect that “the part where the mail illegally buried wastes is not an article, but changed to 20 million won in the name of newspaper advertising expenses to be considered.” Defendant 2 talked to the same purport in the same place, and she frighted to the victim.
However, the victim did not pay the money because he could only pay 6 million won.
As a result, the Defendants jointly attempted to receive property through the cooperation of the victims, but they did not respond to the attempted crime.
Summary of Evidence
1. Each statement made by the Defendants in compliance with this Act; 1. Each statement made by the police about the Yellow ○○ and Kim○, all of which are consistent with this Act;
1. Each image made up of the photographic materials;
Application of Statutes
1. Article applicable to criminal facts;
Defendants: Articles 6, 2(2) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 350(1) of the Criminal Act
1. Selection of punishment;
Defendants: Imprisonment Decision
1. Inclusion of days of detention in detention;
Defendants: Article 57 of the Criminal Act
1. Suspension of execution;
Defendants: Article 62(1) of the Criminal Act (Taking into account the fact that the Defendants had no previous conviction or criminal conviction of the same kind, and reflects the crimes)
Judges