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(영문) 서울남부지방법원 2018.09.18 2018고단2773
공갈
Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant, on March 6, 2018, on the ground that the departure of parking facilities is delayed due to the breakdown of parking facilities in C parking parking lots located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, on March 6, 2018, walking a telephone to the victim D (Seh 49) who is an employee of the entity managing the above parking facilities, and “Isking, singing, singing, and singing. Ising off.”

(p) Chewing typhos;

N. N. N.N. Before sending them

(b) Preparation of knife; 500,000 won for damages;

h. On the other hand, the Chewing ray, which is now farced, was farcated by depositing in the money, and the sound was farcated.

The Defendant was transferred KRW 500,000 to the corporate bank account (E) of the Defendant around 08:52 on the same day from the victim’s attacking the victim as above and drinking, and around the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of D;

1. Recording records;

1. Details of text messages;

1. Application of Acts and subordinate statutes on trading specification lists;

1. Relevant Article 350 (1) of the Criminal Act concerning the facts constituting an offense and Article 350 (1) of the Criminal Act selecting a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case is not committed in view of the following: (a) the crime of this case was committed during the period of the suspension of the execution of the reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the Defendant’s motive or intimidation was serious; and (c) the victim seems to have shotd a large amount of fear.

However, the defendant has interrupted the performance of his duties on the wind that is delayed due to the breakdown of parking facilities, and caused a loss to the victim, who is an employee of the facility company, to commit the crime in this case, and there are some circumstances to consider the situation.

Also, it shall be considered as a favorable sentencing factor in terms of the fact that there is no pecuniary benefit from the crime of conflict, the fact that the victim was killed and solely agreed after the crime, the defendant's own recognition of the symptoms of interference with the adjustment of labor, and the mental treatment of the defendant.

(b) other.

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