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(영문) 제주지방법원 2015.01.14 2014고단1360

폭력행위등처벌에관한법률위반(공동공갈)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 10, 2009, the Defendant was sentenced to imprisonment with prison labor for robbery, injury, etc. by Jeju District Court, and on August 9, 2011, the Defendant completed the enforcement of the sentence in Jeju Prison.

On October 14, 2013, the Defendant issued an order for alcohol equivalent to a total of 290,000 won in the market value of the E entertainment tavern operated by the victim D (L, 34 years of age) in Jeju-si, the Defendant sent to the victim, who was demanded by the victim to pay the drinking value after drinking the alcohol amounting to a total of 290,000 won of the market value, such as the two diseases in Yangju-si, and then sent to the victim, who was demanded by the victim, and then sent to the victim, “Chewing, Chewing, food, and drink.”

놨다 하면서 겁을 주어 이에 겁을 먹은 피해자로 하여금 술값 청구를 단념하게 하여 같은 액수 상당의 재산상의 이익을 취득하였다.

As a result, the Defendant, from the above date and time to August 24, 2014, conspired the victims over a total of 15 times, such as the list of crimes in the attached Table, to acquire financial benefits equivalent to KRW 3,880,000.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement of the witness D;

1. A written statement;

1. The credit account book and account statement;

1. Receipts:

1. Previous convictions in judgment: Application of criminal history records, investigation reports, and statutes;

1. Relevant Article 350 (1) of the Criminal Act concerning the facts constituting an offense and Article 350 (1) of the Election of Imprisonment;

1. Article 35 of the Criminal Act among repeated offenders (attached Form 1 or 9)

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending sentence] the reason for sentencing under Article 38(1)2, and Article 50 of the Criminal Act (in the case where punishment is not granted or a significant damage has been recovered (in October to February) in the aggravated area (a special mitigation) (i.e., punishment being granted to a large number of unspecified or unspecified victims), or where a criminal act is committed repeatedly for a considerable amount of time or for a considerable amount of time, the circumstances in which the Act on the Number of Crimes is extremely poor (the decision on the sentence of punishment is