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(영문) 울산지방법원 2019.06.20 2019고단614

공갈

Text

A defendant shall be punished by imprisonment with prison labor for four 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

The defendant is a person who operates the shop "C" in Ulsan Nam-gu B, Ulsan-gu, and the victim D (n, 23 years old) is a person who worked for the above dog shop as an employee.

Around May 2018, the Defendant alleged that the Defendant died after the victim’s strong land was located on the floor and eventually, and the Defendant filed a petition for bankruptcy. The Defendant demanded that the Defendant make the victim use of a notarial deed by threatening the victim’s strong land so that it could not work at any other place, and make the victim use a so-called “cin, nit, nit, nit, sat, sat, and satch.” The Defendant displayed a complaint stating the amount of KRW 80,00,00 on the rooftop and immediately set the victim on the rooftop, and the Defendant filed a petition for bankruptcy, stating that “A notarial deed need not be received upon preparation of a notarial deed,” and that the Defendant was issued a notarial deed at KRW 10,000 on June 14, 2018 by a notary public at KRW 208,000 on June 10, 2018 (the notarial deed).

Accordingly, the defendant got 20 million won property interest by threatening the victim.

Summary of Evidence

1. Statement of each police statement related to D and G;

1. A complaint;

1. Application of statutes on a copy of a notarial deed;

1. Article 350 (1) of the Criminal Act applicable to the crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction factors of the range of recommending punishment according to the sentencing guidelines [the range of recommending punishment] and the range of recommending punishment [the range of recommending punishment and recommending punishment], and one month to August 1, 200, where the public conflicts [the category 1] are less than 30 million won (the special person): Reduction factors: In the event that the public conflicts are held as a means of exercising the right, no penalty is imposed [the scope of recommending area and recommending punishment], and imprisonment.