2020 Highest 4395 Gong

A, 201 N, South, and North

Residence

Reference domicile

Kim Phee-young (prosecution), Park Jong-hee, and Lee Jin-jin (Public trial)

Attorney Park Sang-woo (Korean)

April 23, 2021

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】

On September 25, 2020, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Ulsan District Court on September 25, 202, and the said judgment became final and conclusive on February 8, 2021.

【Criminal Facts】

On December 2019, the Defendant received a request from the B (the 16-year-old) from the East C High School Eastern students and the ship students in Ulsan C High School to cause harassment, and directed C High School students he knows, not to attract the victim, and in return, tried to collect money from the victim.

1. Crimes of mogrification;

On February 19, 2020, the defendant requested that the above victim " will not have to pay the Do Do Do Do Do Do Do ? 200,000 won Do Do Do Do Do Do do Do Do Do Do do Do Do Do do Do do do do Do do Do do Do do Do do Do do Do do Do do Do do Do do Do do Do do Do do Do do Do do Do

2. Committing money;

On February 20, 2020, the Defendant called the victim at a place where the place is unknown and demanded that “the victim take money, and 200,000 won,” but heard the victim’s speech that there is no money from the victim, the Defendant expressed that “it would bring money to his or her her son or to take back money even if he or she borrowed money from his or her son,” and that “it would bring money to his or her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her son’s son’s son’s son’s son’s son

Summary of Evidence

(Omission)

Application of Statutes

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

Article 350(1) of the Criminal Act (Appointment of Imprisonment)

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

1. Scope of the recommended sentences according to the sentencing criteria;

The sentencing criteria for each of the crimes of this case shall not apply in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act before the judgment.

2. Determination of sentence;

The crime of this case is committed by threatening a victim by threatening him/her to help the victim, and the nature of the crime is not significantly good. However, the defendant is against his/her consent to each of the crimes of this case, and the victim does not wish to punish the defendant, the amount of damage is relatively little, and the defendant has yet to age, and the crime of this case needs to be considered at the same time as the crime of this case is committed before and after the judgment, and the defendant's age, character and conduct, family relationship, circumstances after the crime, and other various sentencing conditions specified in the records and arguments of this case shall be determined as ordered.

Judges Park Jong-de