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(영문) 인천지방법원 2020.01.09 2019고단6925
폭력행위등처벌에관한법률위반(공동공갈)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant

A On June 13, 2019, after having been sentenced to two years of imprisonment with prison labor in the Incheon District Court on June 13, 2019, the said judgment became final and conclusive on June 21, 2019.

Defendant, B, and C around February 15, 2019, were given to the victim D (the age of 19) who was a middle school of B at the same middle school of B, so that the victim can open a mobile phone and sell a mobile phone, and then came to be delivered the price.

B The above temporary EcomF states that “The victim shall pay the money borrowed up to the increase of the money in his/her own name” to the victim, and “B shall pay the money borrowed up to the increase of the money in his/her own name” to the victim, and “B shall pay the money borrowed up to the increase of the amount.”

Nevertheless, the victim refused this, and the defendant A told that "I will know why you will see it", and the victim assaultsd several times, such as walking the victim's left side side, drinking and elbowing the victim's face and body.

After that, at around 19:50 on the same day, Defendant B, and C had the victim drinking with the above assault purchase 1,705,000 won of the market price and 1,562,00 won of the market price from 1,705,000 from the Gaphone mobile phone and 1,562,000 won of the market price, and again sold to the above “H”, the Defendant, B, and C had the victim drinking with the above assault purchase 1,20,000 won of the price 1,30,000 won from the price 1,30,000 won from the Defendant’s I account in the name of Defendant.

As a result, Defendant B and C jointly assaulted the victim and received 1.2 million won in cash from the food victim.

Summary of Evidence

1. The legal statement of the defendant, B, and C

1. The police statement of the victim;

1. Application of Acts and subordinate statutes to the previous disposition and the report on the result of confirmation (A);

1. Article 2(2)3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 350(1) of the Criminal Act, and Article 15 of the Criminal Act.

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