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(영문) 창원지방법원 밀양지원 2017.06.29 2016고단598
공갈등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] The Defendant was sentenced to six months of imprisonment with prison labor for interference with the performance of official duties in the Daegu District Court Branch Branch on October 23, 2014, and the execution of the sentence was terminated at the Port Branch on March 5, 2015. On May 2, 2016, the Daegu District Court Branch Branch rendered a sentence of one year and ten days of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) in the case of the indictment on July 29, 2016, stating that “the indictment on July 22, 2016,” but it is obvious that the indictment is a clerical error on the above date, and thus, is corrected ex officio.

was finally determined.

[Criminal facts]

1. The Defendant, at around 01:00 on January 15, 2016, by threatening 'E' operated by the victim D, south-gu at a port, south-gu, Spanish-gu, and the victim paid KRW 600,000 out of the drinking value of KRW 8.1,00,00,000 to the victim, the Defendant, upon drinking three daily drinking together with three drinking persons, ever paid the victim the above drinking value of KRW 8,00,000,00,000 to receive a return of the drinking value again, she f0,000,000 won to the victim, and by threatening the victim to “if he/she does not drink the drinking value, he/she will die, she will die within the inside, she will die, and she will die three to the son's family members.”

2. The Defendant, who interfered with his duties, has carried out a sing corridor at the time and place described in paragraph 1 as described in paragraph 1, and the Defendant expressed the desire to “for the same year” and carried the beer’s disease on the floor, broken the disturbance on the floor, thereby interfering with the Defendant’s singinging operation by force over one hour by force.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Statement of the police statement related to G;

1. 112 Reporting case handling table;

1. Investigation report (No. 7 No. 5 of the evidence list);

1. Previous convictions in judgment: Application of Acts and subordinate statutes of each investigation report (No. 9,10 of the evidence list) as a result of inquiry;

1. Article 350(1) of the Criminal Act (a) and Article 314 of the Criminal Act concerning criminal facts, the pertinent provision of the law, the choice of punishment, and the choice of punishment.

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