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(영문) 울산지방법원 2018.04.17 2017고정1279

폭력행위등처벌에관한법률위반(공동공갈)

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Defendants shall be punished by a fine of KRW 1,500,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

The Defendants used the 3rd degree of intellectual disability that the victim C(20) who is the birth of an ancient Dong-dong, was unable to express his/her own intent, thereby threatening the victim to open his/her new mobile phone, and when the victim opened his/her mobile phone, the Defendants were able to sell his/her mobile phone and borrow the proceeds of the sale thereof.

At around 18:00 on January 23, 2017, the Defendants jointly expressed the attitude that they would like to write the fluorous appearance of the victim before the store, and would have to hear the horses, and they put the fluorous cell phone into hot spring as soon as possible.

The Defendants: (a) threatened the victim; (b) opened a new cell phone 7,00 won; and (c) sold it to the mobile phone operator in an influenite name; and (d) contacted the victim E, a mobile phone distributor, at a place not exceeding a large amount of 13:00 on January 24, 2017; (b) made the victim open a new 7,000 mobile phone 1,40,000 won in its own name; and (c) sold the same again to E at that place; and (d) deposited the sum of the sales proceeds of each of the above mobile phone 2,05,000 won in the name of the victim into the KB bank account (F) of the National Bank account in the name of the victim; and (e) had the victim withdraw it.

As a result, the Defendants were jointly provided property by threatening the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement in C, E, and G;

1. A detailed statement of entry and departure transactions (C), a certificate of a person with a disability, a confirmation of subscription to a mobile phone, and the application of statutes;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 350 (1) of the Criminal Act, and selection of fines for each crime

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. The Defendants, on the grounds of sentencing under Article 334(1)1 of the Criminal Procedure Act, led to the confession and reflect on the crime.