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(영문) 인천지방법원 2016.07.06 2016고단2695
공갈등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 23, 2014, the Defendant was sentenced to two years of suspended execution in October due to interference with the performance of official duties by the Incheon District Court, and the said judgment became final and conclusive on December 31, 2014, and is currently under suspended execution.

1. On April 2015, the Defendant: (a) did not calculate the case within the “L” convenience store operated by the Gyeyang-gu Incheon Gyeyang-gu J Victim K on April 2015; and (b) the victimized person was prevented from taking the case out, and (c) the Defendant: (d) “Nek ki in doing harm.”

“The victim,” referring to the victim’s desire, referring to a great sound, and harming the victims’ work 19 times in total, as indicated in the list of crimes in the attached Table, by force for about one hour, such as driving away customers who wish to enter the victim to the convenience store by putting the Defendant out of the convenience store, and driving away the victim out of the convenience store.

2. On Oct. 1, 2015, the Defendant: (a) 02:00, on the first half of the Incheon Gyeyang-gu Incheon Gyeyang-gu, expressed a bath to “a person who intends to take part in a small week 1 disease without calculating it within the convenience store; (b) and (c) to refrain from doing so; (c) and (d) to “a person who wants to take part in a small week 1 disease”, and (d) to put the victim under a threat as to the victim’s hand, and (d) to have the victim fright, who is drinking, pay KRW 1,300 per the said small week 1 disease.”

Accordingly, the defendant acquired property profit equivalent to the same amount by threatening the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement on P, Q, K, and R;

1. Each written statement of S, T, U,V, W, X, Y, Z, AB, AC, AD, AE, AF, AG, and H;

1. Application of replys to inquiries, such as criminal history, report on investigation (verification of criminal records of the same kind, written judgments of the suspect and continuing suspension of execution);

1. Article 314 (1) of the Criminal Act (Options of imprisonment with prison labor) applicable to the facts constituting an offense under Article 350 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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