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(영문) 전주지방법원 정읍지원 2020.05.21 2020고단137

공갈미수

Text

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

Reasons

Punishment of the crime

[Criminal Power] On February 22, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Chuncheon District Court on October 16, 2018, and the execution of the sentence is terminated on October 16, 2018, and on January 25, 2019, the Defendant was sentenced to one year and six months of imprisonment with prison labor in the Ulsan District Court on January 25, 201.

【Criminal Facts】

The Defendant is a prisoner confined in a fixed-Eup prison from July 28, 2019 to the night building intrusion and larceny, and from around July 28, 2019, in a fixed-Eup prison located in 45 U.S. Soon-dong-ro. The victim B is a prison officer in the above prison

At the end of November 2019, the Defendant came to know of the fact that the “Monco money” that the victim had been used to talk with D, E, etc., who is the inmates of the above prison C, was released from D and F, who was released from the “ Ponco money”. The Defendant was aware of the fact that he threatened the victim with the above fact, thereby attempting to bring the money into force.

At around 08:00 on February 18, 2020, the Defendant requested the victim to have an interview at the above prison, and then, at around 12:50 on the same day, the Defendant attempted to take money from the victim by threatening “D”, which was prepared in advance at the G Working Office, to deliver “D” and “D” to F, such as giving and receiving psychotropic drugs and abuse of power. The price of rocketing is need not be set up at the Bank H (A) of Korea. The Defendant was released from the prison immediately, and the Defendant would have to issue the money for the head of the erode of the match, even if he was released from the prison until the end of the 22-day period of detention, and would have attempted to take money from the victim by threatening the victim, such as by threatening the victim’s threat, which would have been received at the same time, and that he did not have attempted to comply with this.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D, E, and B;

1. A criminal investigation report;

1. Certificate of confinement;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of period of repeated crimes);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;