beta
(영문) 부산지방법원 2015.08.17 2015고단3189

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 February 20, 2015, the Defendant was unable to pay money to the victim during the course of gambling together with the victim in the dwelling plan of the victim C(52 years of age) in Busan Dong-gu, 2015.

The Defendant demanded that 150,000 won be " or 600,000 won ... in the opening," but the victim 1.50,000 won .... 30,000 won .... .. . . . . . . . . . . . . . . . . . . . . .. . . f. f. f. . . ... ... .. .. .. .. .. ... ... f. f. . . .. ... ... ... ..

The Defendant, through the above assault and intimidation, 300,000 won was frightened by the victim, and 30,000 won was frightened by the victim, and 1 million won was frightened by the victim.

2. On February 21, 2015, the injured Defendant called the victim before the phone at the place indicated in Paragraph 1 of Article 23:00, but caused injury in the number of treatment days, such as the victim’s face, hair, and shoulder, 3 times in the face, 50 meters in the face, caused injury to the victim, on the ground that the victim immediately cut in hearing the Defendant’s voice.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement made by the police against the victim and D;

1. Application of Acts and subordinate statutes to investigation reports (where circumstances and photographs are attached);

1. Relevant Article 350(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the scope of recommending punishment) of the suspended sentence;

1. Crimes of extortion: Reduction of types 1 (less than 30 million won) by general public (less than 30 million won);

2. Crimes of bodily injury: Reduction of punishment of category 1 (Inflicting-1 year) shall be mitigated;

3. The criteria for handling multiple crimes shall be met;