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(영문) 서울중앙지방법원 2013.05.09 2013고단1161

공갈등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On November 20, 2012, around 19:00 on November 20, 2012, the Defendant, “E” operated by the victim D (Woo, 49 years of age) on the second floor of the Dongjak-gu Seoul Metropolitan Government building C, entered the victim’s office as a customer, and shows the victim’s body, and he was frighted at the bar, and “I am out of the house.” The Defendant was frighted to compensate for the loss of cash 1.2 million won and the wall with the card. If so, I would not report it to the police and make it impossible to operate the business.”

The Defendant, as such, 400,000 won was frightened from the victim who frightened the victim and frightened.

In this way, the defendant received property by threatening the victim.

2. Around 06:40 on March 5, 2013, the Defendant attempted to enter the second floor of the Dongjak-gu Seoul Metropolitan Government F Building, “H” clinic operated by the victim G (W, 56 years of age) as a customer, and to report the business of leaving the body, stating that “I will see the injury and injury. If you do not, I will report the business of leaving the body,” and want to receive money from the victim who was frighted with the body.

However, the victim had attempted to recover money from the bank by avoiding the place of action.

Summary of Evidence

1. Partial statement of the defendant;

1. Part concerning G and D of the police interrogation protocol against the defendant

1. Each police statement made to G, D, and I;

1. Investigation report (on-site investigation and attachment of photographs);

1. On-site photographs;

1. Application of Acts and subordinate statutes on financial transactions in the principal;

1. Relevant Article 350 (1) of the Criminal Act and Article 350 (1) of the Criminal Act (the point of conflict and the choice of imprisonment), Articles 352 and 350 (1) of the Criminal Act (the point of attempted compromise and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for Concurrent Crimes with Punishment heavier Crimes);

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;