beta
(영문) 광주지방법원 2017.08.11 2017고단2467

폭력행위등처벌에관한법률위반(공동공갈)

Text

1. The Defendants shall be punished by imprisonment with prison labor for four months.

2. However, each one year from the date this judgment became final and conclusive to the Defendants.

Reasons

Punishment of the crime

[ although the indictment does not contain the part of the record of the crime, the facts of the criminal records constituting concurrent crimes after Article 37 of the Criminal Act are not criminal facts but criminal facts, and the facts of the criminal records can be recognized by each of the following evidence. Thus, this part of the indictment is added and recognized.]

Defendant

On May 12, 2017, A was sentenced to a suspended sentence of 6 months for special larceny, etc. at the Gwangju District Court, and Defendant B was sentenced to a suspended sentence of 8 months for special larceny, etc. at the Gwangju District Court on May 12, 2017. On May 20, 2017, A was sentenced to a suspended sentence of 2 years for 8 months.

[Criminal facts] The Defendants predicted that they will be admitted to the juvenile reformatory during the early delivery period, and raised entertainment expenses by selling Handphones from the prisoners after admission.

On February 9, 2017, around 16:35, the Defendants: (a) cut back the victim F (16 years old) and the victim G (15 years old) on the first floor of the “E” PC room building located in Gwangju Northern-gu, Seoul Northern-gu, and (b) Defendant A turned out to the victims the “YY and Phphones.”

Defendant B refers to “as soon as possible,” and Defendant B refers to “hin and frozen.

“Fallonly,” the victim F, who did not know of a mobile phone, was issued with one cellphone in the amount of KRW 1 million in the market value of KRW 7 million from the victim F, and one cellphone with approximately one million in the market value of KRW 1 million from the victim G, respectively.

As a result, the Defendants shared the victims and received each property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and G;

1. Previous convictions: The Defendants’ respective legal statements, inquiries about the criminal history (A), and the application of the law to inquire about the criminal history (B).

1. The Defendants: Article 2(2)3 of the Punishment of Violences, etc. Act; Article 350(1) of the Criminal Act; Articles 350(1) and 350 of the Criminal Act; Articles 2(2)3 of the same Act; and Articles 350

1. Handling concurrent crimes;