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(영문) 서울남부지방법원 2017.07.19 2016고단3045

공갈

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 13, 2015, the Defendant: (a) received the request from the victim D (V) who was exercising the right of retention on the third floor of the building located in Geumcheon-gu Seoul Metropolitan Government; (b) provided the service staff through E; (c) provided the service to the female; and (d) received the service fee from the victim to use the service fee for E.

On November 20, 2015, at around 18:00 on the third floor of the building above, the Defendant borrowed from the third floor of the building above, with two male and female figures in a name, and took a bath, and the Defendant took a bath to the victim, “I accept the office without giving the service cost, I want to leave the office to the right of retention and to the right of retention.”

The inside of the Republic of Korea is a person who is well aware that it is excessive to F2 G and is also involved in H Studio G.

The police and the prosecution shall not be conducted without the permission of the police and the prosecutor's office by frequently keeping the room.

The purport was that “I will resolve the service price for E” is “I will do so at the request of B.

On November 2015 and December 12, 2015, the Defendant continued to see to the same effect as the victim, while driving a book and a chair as above at the same place.

On December 7, 2015, the Defendant was transferred 15 million won to the Defendant’s father’s account on December 7, 2015, from the victim’s crypation and drinking.

Summary of Evidence

1. Legal statement by the witness J;

1. Statement made by the witness D or K in the fourth public trial record;

1. A detailed statement of entry and withdrawal transactions;

1. Application of Acts and subordinate statutes on account transactions and a copy of passbook;

1. Relevant Article 350 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 186(1) of the Criminal Procedure Act: The fact that there exists a history of having been punished several times for violent crimes, the fact that part of the amount of damage was returned to the victim, and the fact that the method of punishment is very poor: The conditions for sentencing indicated in the records, such as the defendant's age, sexual behavior and environment, and the scope of recommended sentencing guidelines of the Supreme Court sentencing committee.