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(영문) 대구지방법원 2017.08.29 2017고단3442

공갈등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant received a request from the victim C in lieu of part of 1,50,000 won of money to be received from the victim C.

On December 18, 2016, the Defendant was found in the office of the victim of Yongcheon-si D around 22:30 on December 18, 2016, and “the aged and the elath of the weather string. The death shall be discarded.

B Han Han-tech, a full payment of the money.

“Accomageing bage, the victim demanded to change the time to her to her to her face, threatening her to her to her hand to her, and to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her face

If known, the victim was frightened by "I will throw away fright at the house" and frighted one check of a post office account containing 200,000 won in cash to the victim, and was collected by intimidation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C, E, and B;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant legal provisions of the Criminal Act concerning facts constituting an offense, Article 350(1) (a) of the Criminal Act that prescribes the choice of punishment, Articles 15(1) and 9 subparag. 1 (a) of the Fair Debt Collection Practices Act, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has a record of being punished several times for violent crimes, and that the defendant threatened and advanced payment of money on the ground that he/she does not repay the money is not sufficient to the nature of the crime in light of the Act on the Punishment of Crimes, and that he/she did not receive a letter of suspicion from the victim.

However, in full view of the favorable circumstances such as the defendant's recognition of the crime of this case and reflects the mistake, the contingent crime, the gains acquired by the crime are over 200,000 won, and all other factors of sentencing, such as the defendant's age, sexual conduct, environment, motive and circumstance after the crime, etc., the punishment shall be determined as ordered.