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(영문) 서울북부지방법원 2018.06.01 2018고단622

공갈등

Text

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

Reasons

Punishment of the crime

On July 4, 2014, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Seoul High Court (hereinafter “Seoul High Court”) and completed the execution of the sentence on June 23, 2016. On November 29, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury, etc. at the Seoul Northern District Court and completed the execution of the sentence on April 14, 2017.

[2018 Highest 622]

1. On January 15, 2018, the Defendant, at around 14:45, at the △△ cafeteria operated by the victim D (Inn, 59 years of age) located in Suwon-si, Suwon-si, the Defendant 1 enlisted in a week, and △△ cafeteria operated by the victim D (Inn, 59 years of age) and expressed a bath to the customers consisting of four infinite women and son who were in meals next to the Defendant, and the victim who speaks against the Defendant’s mind, thereby creating an atmosphere that would cause harm and injury to the body of the Defendant.

Then, the defendant refused the victim's request for payment of the price when he requested the victim to return home from the victim, to request the victim to return home and the victim to be able to return home.

Ultimately, the Defendant, as seen above, committed an act that does not fit the mind of the Defendant by taking a cafeteria operated by women and children, thereby creating an atmosphere in which the Defendant seems to have inflicted physical harm on the body of the Defendant, thereby having the victim concentrate on demanding KRW 9,000 for the amount of KRW 3 sick price per week, thereby having the victim gain pecuniary advantage equivalent to the same amount.

[2018 Highest 1009]

2. The Defendant asked the victim E (65 years) to tobacco in front of the “Eve House”, 91, Crank-gu, Seoul, Jung-gu, Seoul, Seoul, for a 2017 summer. However, the Defendant was at one time the victim’s face on the ground that the victim refused to do so.

3. The criminal defendant is aware that the victim E, as stated in paragraph (2), is accommodated in a old age without a fixed residence, and if the victim is registered as a resident at his/her domicile, he/she is able to receive the basic supply cost.