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(영문) 인천지방법원 2018.07.27 2018고단4468
공갈
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 7, 2017, the Defendant: (a) around 04:00 on July 7, 2017, at the “Esing room” operation of the victim D located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; (b) was provided with alcohol, speech, and women from the damaged; and (c) was requested to pay KRW 700,000 for the use of the singing practice room; and (d) “illegal business is reported to the police.”

The term "male, Chewing," refers to "male" and "male" means "male for a singing practice room's illegal business, and as a result, the victim of drinking, who reported the illegal business of the singing practice room, had the victim waives the claim of KRW 700,000 of the cost of using the singing practice room.

2. On April 12, 2018, the Defendant: (a) around 04:50 on April 12, 2018, at the “H” of the operation of the Victim G located in Namdong-gu Incheon Metropolitan City, the Defendant was provided with alcohol, speech, and women from the injured party; (b) was requested to pay KRW 247,000 for the use of the singing practice hall; and (c) was provided with the payment of KRW 247,00.

Does it be illegal to do so.

So far, the term "at least eight musical singings have been drinking," and "at all times, one of them has been drinking," and as a result, it had been reported on illegal operation of the singing practice place, so that the victim of the drinking practice waives his claim amounting to KRW 247,00 of the cost of using the singing practice place.

Accordingly, the defendant had contributed the victims more than twice in total, and acquired a total amount of 947,00 won property profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol concerning D, and suspect examination protocol concerning D;

1. A protocol concerning the examination of each police officer in relation to G;

1. Book details, application of Acts and subordinate statutes on receipts;

1. Article 350 (1) of the Criminal Act and the choice of punishment for the crime, Articles 350 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines shall be limited to the scope of the punishment [the scope of the recommended punishment] to the general public (less than 30 million won) (one month to eight months).

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