2017 Highest 5384 Meritoriouss and Attempted Confessions

A

Gangwon-hun (Public prosecution) and Park Jong-chul (public trial)

Attorney B (Korean National Assembly)

January 10, 2018

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment has become final and conclusive, and the defendant shall be ordered to provide community service for 160 hours.

Criminal facts

When there are men and women suspected of having a bad relationship among the persons visiting the cartels of a member of the Busan City, the Defendant taken photographs of the situation where the men and women run away from the telecom, identified the address and contact address of the woman during the process of driving away from the telecom, and received money and valuables by means of threatening to know about the bad's identity to the family without giving money via a public telephone.

On September 2, 2017, the defendant sent 10,000 won to E, 20,000 won or more, and 10,000 won or more to E: The defendant sent 20,000 won or more to E, and 20,000 won or more to E, and the victim took pictures of G 10,000 won or more to E, and the victim cannot get off and move the 10,000 won or more to the above 10,000 won or more to the above 10,000 won or more, and 10,000 won or more to the above 10,000 won or more, and 20,000 won or more to the above 10,000 won or more to the above 10,000 won or more, and 20,000 won or more to the above 10,000 won or more,00 won.

On October 10, 2017, the defendant continued to park in the above H apartment parking lot, and the victim's 14 million won or more was investigated into the front door of the front door of the car for two weeks, and thus he/she is required to receive seven million won or more. The remaining 6 million won was left to the guard room by no later than 4 p.m. on 12 p.m. on 16:4 p.m. on 16:4 of the same day, the defendant sent the victim with a public telephone to the effect that he/she would be aware of the fact that he/she would not receive any money. But he/she could not receive any money from the victim's 16:0 p.m. on 16:0 p.m. on 16:0 p.m. on 200 p.m., he/she sent the victim's 100 p.m. to the police room and did not receive any money from the victim's 16:0 p.m. on 16:000 p.m.

Accordingly, the Defendant got out 7 million won in cash by threatening the victim, and 1 million won in cash.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of the victim;

1. A letter of threats to a report on internal investigation (Attachment of a letter of intimidation);

1. Investigation report (in cases of attaching photographs stored in a suspect's cell phone), investigation report (in cases of I vehicles, etc. stored in a suspect's cell phone), and investigation report (in cases of restoration of a suspect's cell phone, etc.), and investigation report;

1. Application of Acts and subordinate statutes of two copies of recording;

1. Article relevant to the facts constituting an offense and the selection of punishment;

In light of the above circumstances, Article 350(1) of the Criminal Act (generally, the method and form of the crime of intimidation and the crime of attempted extortion as indicated in the judgment, and the method and motive of the crime of robbery as indicated in the crime of imprisonment, the motive, and the time interval between each crime. In light of the above circumstances, it does not seem that the defendant at the time of the crime of robbery against one million won as indicated in the judgment, just because the defendant did not have an absolute call to the victim, it does not seem that there was a renewal of the crime of conspiracy or additional attempted extortion. In light of the above, it is reasonable to view that the crime of extortion and attempted robbery constitute a crime of robbery repeatedly committed against the same victim for a certain period under the single and continuous criminal intent, and each of the above crimes constitutes a comprehensive crime relation).

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social service order;

Article 62-2 of the Criminal Act

The crime of this case for the reason of sentencing is committed by the Defendant, as above, in a planned manner, taking a victim’s unknown site and using the victim’s secret site, thereby withdrawing seven million won from the victim, and committing the crime of this case is more serious than one million won.

However, considering the fact that the defendant is against the defendant, the fact that the defendant agreed smoothly with the victim, the fact that the social relationship is clear, and other circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the argument of this case, the sentence like the order shall be imposed.

Judges Kim Gin-han