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(영문) 부산지방법원 2016.05.26 2016고단424
특수공갈
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On October 27, 2015, the Defendant, at around 04:30 on October 27, 2015, sent back the string line ( approximately 26 cm in length, approximately 20 cm in width) to the customer on the paper, which is a dangerous object prepared in advance by finding the victim E (52 cm) at the office of the Jung-gu Busan Elementary and Secondary School D, Busan, with the knowledge of peace, and the victim E (52 cm) at the office of the c elementary school, Jung-gu, Busan, China, the Defendant puts the string line (20 cm in length, approximately 20 cm in width).

The Defendant got 46,00 won from the victim E, and 14,000 won from the victim E, respectively, at the same time, to attack the victim and get frightened from the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (Recording 11)

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

4. Article 62 (1) of the Criminal Act on the suspension of execution.

5. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

6. Determination of the sentence like the order is based on the following factors: (a) the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is agreed smoothly with the victims and victims; (b) the amount of damage is not high; (c) the defendant is against the defendant; and (d) the defendant's history, age, and environment.

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