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집행유예
(영문) 대전지방법원 2017.3.29.선고 2016고단4697 판결
공갈
Cases

2016 Highest 4697 Gong

Defendant

A person shall be appointed.

Prosecutor

Lee Jae-hee (Institution of Prosecution) and Kim Tae-hee (Trial)

Defense Counsel

Attorney B

Imposition of Judgment

March 29, 2017

Text

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

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

Reasons

Criminal facts

At around 01 October 22, 2016: around 40, the Defendant: (a) provided an employee victim D (e.g., 57 years of age) with a shoulder soften in Seo-gu Daejeon, Seo-gu, Daejeon; (b) provided an employee c and X restaurant; and (c) provided an article on this restaurant; (d) “I ambling, I ambling, I am working at a broadcasting station,” and use an article on this restaurant. The Defendant demanded the settlement of KRW 41,00,000 of the food value, such as the victim’s softenth, so that “I ambling, I ambling, I am to the police,” and reported to the police, “I am a restaurant,” and obtained economic benefits equivalent to the amount of money by having the victim pay a value claim.

Accordingly, the defendant acquired property benefits by threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. CCTV images;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

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

1. Suspension of execution;

Article 62(1) of the Criminal Code (Article 62(1) of the Criminal Code (Article 62(1) of the Criminal Code (Article 62 of the Criminal Code) (Article 62(1) of the Criminal Code (Article 62 of the Criminal Code is divided into his mistake, and since the victim agreed with the victim and paid the full amount of damages, the actual qualitative damage resulting from the

It is so decided as per Disposition for the above reasons.

Judges

Judges Min Sung-sung et al.

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