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(영문) 대전지방법원 천안지원 2015.03.20 2015고단32
공갈
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who works for day-work and falls under the so-called “Nebomb” who exercises violence, etc. against small business operators under the influence of alcohol.

On November 18, 2014, at around 19:50 on November 18, 2014, the Defendant ordered the victim D (Woo, 34 years of age) located in Seo-gu, Seo-gu, Seo-gu, Seocheon-si, to 3,500 won of the market price, and was drinking for customers whose name is unknown, to fright, to take a bath, to fright, to fright, to fright, to fright, and to fright, to fright, and to fright, to fright, to fright, to fright, to fright, to fright, to fright, and to fright, to fright, to fright, and to fright, to fright to fright, to fright the atmosphere.

The defendant had the victim of frighten drinking, claiming the sales proceeds of the above fright, and acquired the pecuniary benefit equivalent to the same amount.

Accordingly, the Defendant acquired property benefits by threatening the victim as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes stating the investigation report;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Type 1 (Special Convicted Persons below 30 million won) (Special Convicted Persons) mitigation factors - Where significant damage has been restored (decision on the recommended area), mitigation area, month of imprisonment or month, or month.

3. Determination of sentence: 4 months of imprisonment and 2 years of suspended sentence: Defendant committed multiple violent crimes and property crimes, and was sentenced several times, and did not commit the instant crime and did not commit the instant crime. Thus, Defendant was punished by imprisonment with prison labor for a small amount, but the amount of damage is a small amount.

(b).

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