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(영문) 서울서부지방법원 2015.09.10 2015고단1252

폭력행위등처벌에관한법률위반(상습공갈)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal record] On January 15, 2003, the defendant was sentenced to a fine of one million won for a violation of the Punishment of Violences, etc. Act at the Seoul Western District Court on January 15, 2003, and two years of suspended sentence in October, 2005 for a violation of the Punishment of Violences, etc. Act at the Seoul Central District Court on August 25, 2005; two years of suspended sentence in March 22, 2006 for a violation of the Punishment of Violences, etc. Act at the Seoul Central District Court on March 22, 2006; two years of suspended sentence in October; and two million won of a fine for a violation of the Punishment of Violences, etc. Act at the Seoul Southern District Court on March 21, 2007.

【Criminal Facts】

On August 2013, the Defendant, while drinking alcohol together with the victim E (28 years of age) at the “Dju shop” located in Mapo-gu Seoul, 2013, had the victim pay one million won of the drinking value by putting the victim “as soon as possible, she would be unable to sing off, sing off, sing off, and sing off, sing off, and sing off, sing off, and sing off,” the Defendant called “as soon as possible,” while drinking alcohol with the victim E (hereinafter “Dju”).

As a result, the Defendant conspiredd the victims E and acquired pecuniary benefits equivalent to KRW 1,00,00 from that time to April 19, 2015, together with F (a disposition of suspension of indictment on the same day) and four persons who have not been killed in name (a disposition of suspension of indictment on the same day) for the nine times of the crime list, together with four persons who have not been killed in name (a disposition of suspension of indictment on the same day). As for the twelve times of the crime list, in collaboration with F, the Defendant received property equivalent to KRW 13,128,100 in total over 13 times in total with the four persons who have not been killed in name, and acquired pecuniary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police over the accused or F, and the examination of the suspect by the prosecution;

1. Each police statement made to G, H, I, E, and J;

1. Habituality in the holding: Each judgment.