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(영문) 대구지방법원 의성지원 2018.11.29 2016고단277

공갈등

Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, from around February 2003, living together with the victim C (41) who was with a cadastral disability first from around 2003, and the Gyeong-gun D, Gyeongbuk-gun, with the victim's violent language and assaulted, made it hot, and received a passbook, etc. from the victim's account in the name of the victim, and then used 24,910 won paid to the agricultural bank account in the name of the victim for living expenses, and then withdrawn 224,910 won paid to the victim from around September 20 to September 20, 2016 for consumption of the amount equivalent to 65,279,180 won, such as "living expenses", "disabled disability allowances", and "pension for disabled persons" paid to the victim from around September 20, 2016. < Amended by Presidential Decree No. 19813, Nov. 20, 2006>

2. Around 14:00 on January 30, 2016, the Defendant violated the Welfare of Persons with Disabilities Act, on the ground that the Defendant was unable to properly perform the work of having the victim in front of the instant farm shed, kneeling, and kneeling the victim, and then kneing the victim into the victim’s knee and knee, “The knee knee flaurit,” and assaulting the victim via a wooden cane (150cm in length) with a wooden cane (150cm in length).

Summary of Evidence

1. Legal statement of the defendant's special proxy E;

1. Each police statement made with respect to F, G, H, I, and C;

1. On-site internal investigation reports (Attachment of On-the-spot identification photographs), internal investigation reports (Hearing of the statement of K in charge of social welfare in the J-Myeon Office), Gu office newspapers, C disabled certificates, C Disabled persons’s payment details of livelihood and housing benefits, C Disabled persons’ benefits and pension payment details, internal investigation reports (Attachment of on-site photographs of victim’s labor), submission photographs attached, submission photographs attached (Attachment of on-site photographs submitted by witness I), CF transaction details, CF transaction information response to opening account (TF), internal investigation reports (TC CCTVs attached to the bank of victim’s account), internal investigation reports (the fact of payment of electricity charges of A suspected victim in cash withdrawn from the account of the victim), and domestic investigation reports (the fact of payment of electricity charges).