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(영문) 광주지방법원 해남지원 2017.11.16 2017고단288
공갈등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The victim B(25) was the disabled with the second degree of intellectual disability, and in C, the victim managed the passbook for the victim.

피고인은 2017. 7. 4. 13:10 경 전 남 해남군 해남읍에 있는 해 남 농협 중앙회 앞에서 피해자의 통장에 돈이 있다는 사실을 알고 이를 빼앗을 목적으로 피해자에게 윽박지르고 소리치는 방법으로 피해자에게 겁을 주고, 이에 겁을 먹은 피해자로 하여금 통장을 재발급 받게 하고 피해자의 계좌에 있던

After allowing the withdrawal of KRW 6,00,000 to be made, 6,000 won and 6,000 won and 6,000,000 won and 6,000 won and 6,000 won and 6,000 won and 6,000 won and 6,00,000 won and 00 won were collected from the victims of the damage, from the cash withdrawal machine in South-do, South-do, South-do, in the South-Namnam-do, in the South-Namn Sea-do,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. B passbook, detailed statement of deposit transactions, and written opinion;

1. Scenes images-fagics (Fagics of South Korea and the South Sea-do Livestock Cooperative);

1. Application of Acts and subordinate statutes to a internal investigation report (Attachment to a detailed statement of deposit transactions of the victim passbook), investigation report (verification of crimes time, etc. through CCTV TV image);

1. Relevant Article 350 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Victims who are vulnerable to the crimes, such as the application of the sentencing criteria [Scope of the recommended punishment] and the basic area (six months to one year), (special mitigation or aggravation] of punishment, and victim who are vulnerable to the crimes, of category 1 (less than 30 million won) and category 1 (less than 30 million won);

2. The punishment of this case is to be determined as ordered in consideration of the following facts: although the criminal act of this case is not good in that the defendant, who is a disabled person, gives the victim a heavy amount of money; however, the criminal act of this case does not constitute a crime of this case, taking into account the fact that the defendant reflects his/her mistake, infringes his/her damage recovery, and agreed with the victim, and there is no record

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