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(영문) 서울동부지방법원 2016.11.10 2016고단2980

특수공갈

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On May 20, 2016, around 01:20, the Defendant threatened the victim’s “F” room in Songpa-gu Seoul Metropolitan Government D and 1st underground, with a credit card to pay one-hour fee of KRW 70,000,000 to customers, and opened a singing with a nameless voice, and demanded an additional singing, and reported the victim to engage in illegal business on the ground that the service of the Doeses is not in mind at around 04:30 on the same day during the day when the victim was playing, the Defendant would have reported to the victim on the illegal business because he did not want to pay the money that he paid to the Does employment and drinking.” At around 01:20 on May 20, 2016, the Defendant sent the victim’s face with a credit card, and carried the victim’s knife and knife with a dangerous article from the knife to the knife.

The Defendant, as such, 154,00 won in cash, delivered to the frighter who frightened the victim, and revoked the approval of 70,000 won in the credit card price paid as above, and 1 US dollars 2,000, 3, 3, 3, 1, 1string-in, 3, 1string-in, Malaysia, 1string-in, frighter card, 1string-in, and 1string-out card, 1 bank card, 1, 2, and 2 national bank receipt card of National Tax Service, and 3rd driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement to E by the police;

1. Each report on investigation;

1. Police seizure records;

1. Application of Acts and subordinate statutes on detailed statement of reported case settlement; and

1. Articles 350-2 and 350 (1) of the Criminal Act concerning the facts constituting the crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution (no criminal record exists, and agreement with the victim);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;