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(영문) 전주지방법원 2015.09.10 2015고단1175

공갈

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On July 22, 2011, the Defendant was sentenced to three years of imprisonment for special robbery at the Daejeon District Court. On May 12, 2014, the Defendant completed the execution of the sentence in the Daejeon Prison.

【Criminal Facts】

On July 27, 2015, at around 10:15, the Defendant: (a) put the victim E (the age of 12), the victim F (the age of 13), and the victim G (the age of 12) into the PC from the stairs adjacent to the PC in Kim Jong-si, Kim Jong-si; (b) put the victim E (the age of 12), the victim F (the age of 13), and the victim G (the age of 12), saying, “I am at the same time as Neas Ba, I am at the back, I am at the back.”

The Defendant: (a) 40,000 won from the victim E, 13,000 won from the victim F, and 12,000 won from the victim G, each of which was 40,000 won by threatening the victims; and (b) 12,000 won from the victim E.

As a result, the Defendant received a total of 65,000 won from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. The police statement of H;

1. Each statement of E, G, and F;

1. A report on investigation (fluoring a black stuff image)

1. Previous records: Application of criminal records, inquiry reports, investigation reports (applicable to the same and similar records of a suspect, written judgments and investigation records attached thereto);

1. Article 350 (1) of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. From one month to twenty years of punishment by law; and

2. The scope of recommendations according to the sentencing guidelines (in the case of ordinary concurrent crimes, referring to the scope of recommendations according to the sentencing guidelines in the case of one crime because the sentencing guidelines are not applicable, referring to the scope of recommendations according to the sentencing guidelines in the case of one crime) / [decision of types] / [special concurrent persons less than 30 million won] - In the case of failure to punish the mitigation factors or substantial damage has been recovered, the victim [decision of the recommended area] basic area / [decision of the recommended area] - the degree of reflection of the mitigation factor - the degree of aggravation factor - the degree of aggravation factor is not the same as the repeated offense, and the same as the repeated offense.