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(영문) 울산지방법원 2015.02.12 2014고단3039

공갈

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 15, 2014, at around 05:25, the Defendant was provided with 10,000 won of beer, beer, beer, and beer, etc. within the Eminu line operated by the victim D (n, 52 years of age) in Ulsan-gu C, Ulsan-gu, and the victim demanded KRW 10,000,00 of the drinking value, and the victim stated that “I want to perform funeral services in the future, I would like to do so immediately.” On the contrary, the Defendant showed the door and door that is shouldered by the Defendant’s left side and door on the right side, and expressed the same attitude to demand the payment of the drinking value, which would inflict any injury on the victim.

The Defendant, as such, her frightened the victim, and her frightened his claim of KRW 100,000 from the drinking victim, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Provisions of Acts and subordinate statutes concerning transaction of food and beverage, and photographs;

1. Relevant Article 350 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Although the circumstances such as re-offending of a criminal record of the same kind of punishment under Article 62-2 of the Social Service Order Act are not good, considering the following: (a) the fact that the punishment is recognized as erroneous and reflects; and (b) the fact that the victims have committed and agreed to commit the crime shall be determined as ordered