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(영문) 대전지방법원 2017.02.10 2016고정1522
공갈
Text

1. The defendant shall be punished by a fine not exceeding 1.5 million won;

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

Reasons

Punishment of the crime

On March 30, 2016, around 04:50 on March 30, 2016, the Defendant requested one kind of alcohol and helper equivalent to KRW 125,000 and one kind of alcohol and helper in advance. After playing about 40 minutes, the Defendant again requested the victim D (51 years of age, south) to do so, why the Does would be why the Does would be why the Does would be why the Does would be why the Does would be why the Does would be why the Does would be why the Does would be.

He reported 112 on the following grounds: “The amount of settlement calculated in advance from a person who suffers from a fluent injury to the police by means of intimidation, such as “if it is controlled, it would be subject to suspension of business, and a fine would also be revoked, thereby preventing him/her from being subject to the control of the police.” The amount of settlement calculated in advance from a person who suffers from a fluent injury, including liquor payments, was 125,000 won.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Ethical letters;

1. A report on the control of wind transmission business and a letter of sight;

1. The application of records of 112 reported case processing records, internal investigation reports (related to attachment of CCTV images in cases of violence) and Acts and subordinate statutes to investigation reports (related to attachment to a written agreement);

1. Article 350 of the Criminal Act applicable to the crime, Article 350 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant, and the fact that an agreement has been reached between the defendant and the victim is favorable to the defendant.

However, the crime of this case is an unfavorable circumstance to the defendant, since the defendant enjoys amusement by using the illegal business of the singing practice place, and then intimidation the business owner of the singing practice place, thereby creating an amount equivalent to the use price, and the defendant has a number of criminal records including the records of juvenile protection cases and the punishment, etc.

In full view of such circumstances and other circumstances as the defendant's age, sexual conduct, etc. and the conditions for sentencing as shown in the arguments, the punishment shall be determined as ordered.

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