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(영문) 서울중앙지방법원 2014.08.29 2014고단2729

폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On March 29, 2014, at around 03:25, the Defendant was boarding a D taxi operated by the Victim C (58 years of age) and arrived at the front of the Dongjak-gu Seoul Metropolitan Government E-Ba, Seoul, E-Ba, a one’s residence. While there is no taxi charge, the Defendant offered 3,960 won when the Defendant entered the victim’s house with his house.

Accordingly, the victim, according to the defendant, entered the above E-Ba-dong 2's Doll 2, and the defendant saw that the hacker, which is a dangerous object in the string, seems to have a string of the victim's face, and threatened the victim with a string of the hacker's claim for taxi expenses.

Accordingly, the defendant got 3,960 won of taxi expense by joining the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Statement of the police statement regarding C;

1. A taxi charge receipt;

1. Seizure records;

1. Photographs;

1. A criminal investigation report (the confirmation of the length of the dead body that has been seized);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, Article 350 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into consideration the following circumstances: the fact that a certain pen is divided, the amount of damage is a small amount, and the fact that the injured party has agreed smoothly with the injured party);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;