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(영문) 의정부지방법원 2015.02.17 2015고단104
공갈
Text

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

Reasons

Punishment of the crime

On September 6, 2012, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the District Court, and completed the execution of the sentence on March 19, 2013.

On August 2, 2014, the Defendant ordered 1 disease from 'E-Packaging Vehicle' operated by the victim D (A. 60 years of age) in Mail Government-si on August 23:20, 2014, the Defendant told the victim to the effect that "I will hear the word "I will see how I will see the victim's "I will see how I will see" and "I will see how I will see", "I will see the public official who is authorized to regulate an unauthorized restaurant," and I would like to pay money and valuables.

The defendant was exempted from paying KRW 3,00 of the price of 1 disease of beer from the victim of food, and acquired pecuniary profits equivalent to the amount.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Each statement of D and G;

1. A report on the preparation of a receipt or record book;

1. Previous convictions indicated in judgment: An investigation report (a suspect A criminal records confirmation report), and application of Acts and subordinate statutes on the status of personal identification and confinement;

1. Relevant Article 350 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Reasons for the sentencing of Article 35 of the Criminal Act for repeated crime [Determination of Punishment] Class 1 (Special Convicts less than 30 million won): - In the event that the degree of public conflict is weak: Decision on the area of recommendation] Special mitigation [Determination on the area of recommendation] from January to August 3 [Scope of recommendation] - In the area of special mitigation (general person] from January to August 3: In the case of serious reflectiveness - Aggravation: Imprisonment [decision on the sentence] of this type of repeated crime; March 2

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