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(영문) 제주지방법원 2015.03.19 2015고단201
공갈
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On February 17, 2012, the Defendant was sentenced to two years in the Jeju District Court to imprisonment for a crime of interlateral harm to mental or physical disability, and completed the execution of the sentence in the Jeju Prison on September 6, 2013.

【The Defendant was aware of the facts of the crime, with a view to the fact that the victim C (n, 27 years of age) was a person with a mental disorder Grade 2, sentenced the victim to remove cash from the account owned by the victim with his/her body card deducted from his/her body card. On September 11, 2014, the Defendant: (a) in the Jeju Viewe Park Park Park Dong-do, where the victim moved in Jeju City on September 1, 2014; (b) made the victim raise his/her card by using a large voice; (c) made the victim use his/her card and issued a physical check (D) connected to the victim’s account at the point of the Jeju Bank south of Korea; and (d) received the card from the victim at around 18:54 on the same day; and (d) withdrawn 10,000 won by using the said card; and (e) withdrawn it on the aggregate from 200 to 200,000 won by means of the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each prosecutor's office concerning C;

1. A report on investigation (Attachment to details of trading);

1. Welfare cards for disabled persons;

1. All CCTV-cap photographs;

1. Police seizure records, list of seized articles and photographs thereof;

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation date of the date of release);

1. Article 350 (1) of the Criminal Act by universal title with respect to the relevant criminal facts;

1. It is so decided as per Disposition for the reason under Article 35 or more of the Criminal Act among repeated crimes;

In the area of increase in the first category of general public conflict for the reason of sentencing: the repeated crimes of October-2, and June; the victims who are vulnerable to the crimes; and the mental retardation disorder in the class 2 of the class 1 of the class;

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