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(영문) 대전지방법원 홍성지원 2019.09.03 2019고단451
공갈
Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

[Criminal Power] On October 16, 2018, the Defendant was sentenced to eight months of imprisonment for violation of the Punishment of Violences, etc. Act (joint attack) in the Hongsung Branch of the Daejeon District Court. On January 13, 2019, the Defendant completed the execution of the sentence in the Hong Prison on January 13, 2019.

【Criminal Facts】

Although the Defendant had been subject to criminal punishment by taking money against the victim B(31 years of age) with intellectual disability 3, the Defendant had been subject to such criminal punishment. On June 20, 2019, at around 18:20, 2019, the Defendant had been willing to assault the victim by assaulting the victim with the victim from the Defendant in Hongsung-gun, Hongsung-gun, Hongsung-gun, and had a intellectual disability with the past experience of receiving the money from the Defendant, and without giving the victim any money to the victim, the Defendant appeared to the effect that “I would request the Defendant to withdraw and pay the money from the money to pay the money to the victim.” On the other hand, the Defendant was delivered a cash amount of KRW 200,000,000 from the Hongsung-gun, Hongsung-gun, Hongsung-gun, and then received the money from the said victim’s bank prior to the said cash amount.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Photographs of details of account transactions and detailed statement of transactions;

1. Previous records of judgment: Criminal records, correspondence records, personal confinement status, application of a copy of judgment, and the Acts and subordinate statutes;

1. Relevant Article 350 (1) of the Criminal Act concerning the facts constituting an offense and Article 350 (1) of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One month to twenty years;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of a sentence] and the scope of the punishment (the amount of damage has been returned to the victim immediately after the crime was committed by an investigative agency) shall be limited to the case where the degree of the punishment is weak (the amount of damage has been returned to the victim immediately after the crime).

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