beta
(영문) 서울북부지방법원 2016.10.13 2016고정1805

공갈등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Suppression;

A. On July 13, 2015, at around 15:50, the Defendant: (a) placed the victim D (the 13-year old age) at one time on the alleyway adjacent to C located in Seocho-gu, Seowon-si; and (b) received a cash amount of KRW 6,000, which is the victim’s possession, from the fright victim, without giving money to the Defendant at one time.

B. At around 16:18 on the same day, the Defendant received 17,000 won in cash, which is owned by the victim, from the victim F (the 12-year-old), by hand, on the front side of the Seo-gu, Seo-gu, Seo-si, Seo-gu, Seo-gu, Seo-gu, Cheong-si, for the reason that the victim does not speak.

2. 폭행 피고인은 제1의 가항과 같은 일시, 장소에서 피해자 G(13세)을 불렀으나 피해자가 무시하고 간다는 이유로 피해자에게 "야 나를 쌩까냐"라고 말하며 다가가 오른손으로 피해자의 목을 졸라 피해자를 폭행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning G and D;

1. Each report on damage filed by the F and H:

1. Hearing a witness's telephone statement concerning H;

1. Application of CCTV Acts and subordinate statutes;

1. Article 350 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;