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(영문) 인천지방법원 2014.02.14 2014고정78

공갈

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On May 22, 2013, the husband B of the defendant was 341,00 won in the "E K Kinging practice room" operated by the victim D (Wing, 38 years of age) located in the Nam-gu Incheon Metropolitan City, and 341,00 won in the card after taking orders of alcohol and alcohol.

On June 24, 2013, the Defendant found in the instant singing room around 21:00, and presented a card statement to the victim for the payment, and “whether it is illegal to employ it and drink it is not illegal, and it is not possible to pay it.” The Defendant notified the fact of violation of the business of the said singing room, and puts heavy treatment for about 20 minutes.

The Defendant received 100,000 won in cash from a drinking victim, i.e., a food victim, who was frighting to report the violation of business.

Accordingly, the defendant was given property by threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Article 350 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 59 (1) of the Criminal Act (the first crime, the fact that the crime is against the person committed, the degree of attack is relatively weak, the circumstances leading to the crime of this case, the punishment to be suspended of sentence: Fines of 300,000 won, the detention in a workhouse: KRW 50,000 per day);