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(영문) 서울동부지방법원 2017.02.16 2016고단3587
폭력행위등처벌에관한법률위반(공동공갈)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 19, 2016, around 08:30 on July 19, 2016, the Defendant, along with D and E, led the Victim F (15 years of age) to the Ordin Park in Songpa-dong 363, Songpa-gu, Songpa-gu, Seoul. On July 19, 201, and E prevents contact with the Victim.

D Does it be possible to communicate how much contact it had been made by lending money top, and if it is in contact withp, it would be possible to communicate.

D. The victim changed the victim's KRW 45,00,00, and D. The victim changed the victim's 45,000, "A with the victim's 200,000 won by receiving 20,000 won from the victim's d., not only preparing money within a week but also d.," and the defendant reported the victim's d.e. tobacco theft to the police unless it brought about 200,000 won.

The term "I d." was frighted to bring money to the house.

The Defendant, D, and E received money from an injured party by threatening the injured party to threaten him/her, but the mother of the injured party was reported to the police and did not achieve that intent.

Accordingly, the defendant, in collaboration with D and E, intended to receive property by committing the victim, but attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Statement made by the police with regard to F;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 6 of the pertinent Act on Criminal facts, Articles 6 and 2(2)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act, and Article 350 of the Criminal Act, the reason for sentencing of sentence of imprisonment with labor is an attempted crime, and the fact that the defendant recognized a crime in this court is favorable to the defendant.

In addition, as the defendant is 19 years of age and is an adult, it is desirable to treat the defendant in society rather than imprisonment with prison labor.

However, the crime of this case, together with accomplices, intended to receive money by threatening a victim who is a middle student, and attempted to receive money from the victim's mother in the process.

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