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(영문) 울산지방법원 2017.11.14 2017고단2238

공갈

Text

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

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

Reasons

Criminal facts

around December 7, 2015, the Defendant: (a) at the main point of “E” operated by the victim D(33) located in Ulsan-gu, Ulsan-gu, Seoul-gu, 2015, the Defendant called “E” to the victim and his employee F (25 years of age) “G” (hereinafter “V”) “F (25 years of age”) and said F (i.e., “I., e., g., g.,” and (ii) “I.m., e., g., g., g., g.,” and said F (25 years of age) as “I.m., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., from the victim’s perspective to the victim’s g.

Summary of Evidence

1. Defendant’s legal statement: Provided, That the Defendant asserts that himself is not a member of organized violence.

1. Each police statement made to J, K, and F;

1. A criminal investigation intelligence report, a detailed statement of damage, a detailed statement of account transactions, and a detailed statement of card transactions;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

1. Relevant Article 350 of the Criminal Act and Article 350 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the order to observe and observe the protection [the reasons for sentencing] [the reasons for sentencing of Article 62-2 of the Criminal Act] / [the reasons for sentencing of less than 30 million won] / [the person subject to special sentencing] - In the event that the elements for mitigation are not punishable for a considerable period of time - [the scope of the recommended sentence] / [the scope of the recommended sentence] 6 months to 1 year [the extent of suspended sentence] - In the case where the principal reasons for probation are repeatedly committed for a considerable period of time: The main reasons for sentencing - The main reasons for suspended sentence that are not positive: the person subject to suspended sentence (the decision of sentence] for more than two occasions, together with the above sentencing factors