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(영문) 서울남부지방법원 2016.05.04 2015고정2616

공갈미수등

Text

The sentence of each sentence shall be suspended against the Defendants.

Defendant

Of the facts charged against A.

Reasons

Punishment of the crime

The Defendants were the victim J (the 41 years of age, n, and n) and the first view of the Defendants. On December 31, 2014, Defendant A, who attempted to join the Republic of Korea, did not commit a attempted crime because the Defendant received KRW 10 million from K in Yeongdeungpo-gu Seoul, Seoul, and her husband on the ground that she had a relationship with L and received living expenses by sending the victim’s letter of intimidation, such as “the disclosure of the content to the victim’s mother and her father to the public, unless deposit KRW 10 million with the agricultural bank account” to the victim’s mother and her mother. However, the Defendant did not transfer KRW 10 million to the victim, and did not commit a attempted crime.

2. On February 28, 2015, the Defendants violated the Punishment of Violences, etc. Act (joint residential intrusion) confirmed that L’s vehicle was opened and opened the entrance, and entered into the house as if L’s contact accident had occurred, at around 08:43, 08:43, 105 No. 404, at the south of the Gyeonggi-do, and the victim’s house was located.

Accordingly, the Defendants jointly intruded upon the victim’s residence.

3. The Defendant H damaged the property at the same date and time as the above 2.3, and at the same place as the above 2.3, the market price was 50,000 won, such as opening a string, which was installed at the victim’s inside room, and opening a string.

Summary of Evidence

1. Each legal statement by the Defendants (as at the second public trial date);

1. Statement to J, and complaint by J;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 352 and 350(1) (a) of the Criminal Act; Articles 2(2) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 319(1) of the Criminal Act (a) of the Criminal Act (a point of common intrusion upon residence); selection of fines, respectively.

B. Defendants B, C, D, E, F, and G: Each of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Articles 2(2) and 2(1)1 of the same Act; Article 319(1) of the Criminal Act (a) of the Criminal Act (a point of joint residential intrusion); selection of each fine

C. Defendant H: Violence, etc. in the Gu.