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(영문) 수원지방법원 안양지원 2019.07.10 2019고단590

상습공갈

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On November 26, 2014, the Defendant was sentenced to a suspended sentence of one year and six months at the Seoul Central District Court for a violation of the Punishment of Violences, etc. Act (Habitual Bribery). On December 4, 2014, the said judgment became final and conclusive, and the suspended sentence was revoked upon receiving a decision to accept the said suspended sentence in the Jung-gu District Court Senior District Court on September 23, 2016 during the said suspended sentence. On June 26, 2017, the Defendant was released from parole on March 30, 2018 during the execution of each of the said sentence, and the period of parole was expired on June 23, 2018. < Amended by Act No. 15004, Sep. 23, 2018>

【Criminal Facts】

On July 10, 2018, the Defendant 10,000 won was transferred to E, the chief of the management department, by putting a telephone on D operated by the victim C (the age of 45) of the victim C (the person who is at the 5-year-old) of the 5th floor at Ansan-si, and 112 on July 10, 2018, with the purport that “I will continue to report 112,000 won if I do not deposit in the 300,000 won.” The Defendant 30,000 won was transferred from the victims, such as the remittance of money to the F account (G) in the name of the Defendant on the same day, as indicated in the list of crimes.

In this regard, the defendant habitually brueded victims to receive property.

Summary of Evidence

1. Statement of each of the accused in court;

1. Each police statement and each accompanying material;

1. Each statement and each accompanying material;

1. Details of transactions, details of financial transactions, and replys to the transfer of sponsor banks;

1. Before judgment: Criminal records, investigation reports (verification of the same kind of records, etc.), and attached data;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of the crime, the number of crimes, the frequency of crimes, and the fact that the same crime has been committed in a planned manner several times;

1. Relevant Article 351 of the Criminal Act, Articles 351 and 350 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Reasons for sentencing for repeated crimes;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to 30 years;

2. The scope of recommendations according to the sentencing criteria (a decision of type) shall be published.