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(영문) 대전지방법원공주지원 2020.12.15 2020고정59
공갈미수
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On July 10, 2020, the Defendant was sentenced to 1 month of imprisonment, 2 months of imprisonment, and 1 year and 2 months of imprisonment at the Suwon District Court on July 18, 202, and the judgment became final and conclusive on July 18, 2020.

【Criminal Facts】

The Defendant knew that a bus accident occurred during the bus operation and the occurrence of the accident is known to the bus company, and used the bus accident to arrange the bus accident and to the effect that “the company will know the fact of the accident” is “the company,” thereby raising money on the pretext of agreement.

On February 3, 2020, the Defendant: (a) was placed in a bus stop located in the Gungdong-gu, Gungdong-gu, Gungdong-gu, Gungdong-gu at 07:25 on February 3, 2020; (b) C new town bus operated by the victim B ( South and 68 years old); (c) was placed in a temporary bus and closed the door, and (d) the victim “I am off the door, left kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne,” and “When the victim did not pay the agreed amount, the Defendant did not know of the fact of the accident to the bus company to receive the agreed money from the victim; (d) however, the victim suspected of the Defendant’s injury caused the victim’s attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. CCTV images CDs against buses of D companies, written statements by the police against B;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and criminal records;

1. Relevant provisions of the Criminal Act and Articles 350 (1) and 352 of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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