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(영문) 대구지방법원 2016.10.13 2016고단3259
공갈
Text

A defendant shall be punished by imprisonment for six 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

The defendant had been suffering from the war that the victim C(M, 53 years of age) who had been a ties in the past had no longer been able to keep himself.

1. On February 22, 2016, the Defendant issued the victim’s “Esing practice room” operated by the victim “Esing practice room,” which read, “The Defendant, inasmuch as he/she would pay a fine due to width and was dismissed from a workplace,” the victim’s “hing the victim’s “hinging the victim so that he/she will not continue to find and operate his/her business in the future without giving money.”

The defendant received 80,000 won from the victim of frighten, which is, a 800,000 won.

Accordingly, the defendant received property by threatening the victim.

2. On April 27, 2016, the Defendant demanded the victim to re-sing at “Esing practice room” as stated in paragraph (1) of the same Article, but the victim refused to do so, and the victim attempted to singing because he lost his workplace. In doing so, the Defendant said that it would not run a business by reporting that he had sold money in singing room without giving money to the victim as a means of calculating the value of taxable income and taxable income.”

The Defendant received 5,00,000 won from the victim of frightage, namely, a 5,000 won from the Defendant.

Accordingly, the defendant received property by threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Details of passbook transactions;

1. Application of each statute;

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Probation Criminal Act [the scope of recommending punishment] and the grounds for sentencing under Article 62-2 of the Probation Criminal Act (the scope of recommending punishment] are as follows: (a) mitigation area (one month to eight months) [special mitigation] mitigation area (the decision of sentencing] and disadvantageous circumstances: (b) the defendant has been sentenced to a fine of several times.

Among them, special violence in 2016.

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