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(영문) 서울남부지방법원 2017.05.31 2017고단879
특수공갈
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On October 24, 2016, the Defendant: (a) from around 08:00 to around 11:00, at the main point of “E” operated by the victim D (n, 46 years of age) on the first floor of Guro-gu Seoul Metropolitan Area C underground, the Defendant demanded the victim to return his credit card, passbook, etc. that had been entrusted to the victim prior to the victim; (b) however, the Defendant refused the request and demanded the victim to return the same; (c) however, the victim refused the request; (d) however, (e) the victim did not pay money; (e) the Defendant frighted the victim with a door, which is a dangerous thing in the main room, and frighted the victim and frighted the victim.

The Defendant attacked the victim as such, and taken part in the victim’s wall, 6 of 0,00 won, 2 of Ocheon Won, 10,000 won, and 10,000 won, from the victim’s wall.

In other words, I have taken this back.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes governing evidence photographs;

1. Articles 350-2 and 350 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. When considering the risk of committing a crime on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, it is necessary to put the defendant to the strict punishment, but the punishment shall be determined as ordered in consideration of the violation of the crime, the fact that there is no record of criminal punishment in the Republic of Korea, and the circumstances leading to the crime;

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