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(영문) 대전지방법원천안지원 2020.09.18 2020고단1547
폭력행위등처벌에관한법률위반(공동공갈)등
Text

Defendants shall be punished by imprisonment for one year and six months.

However, it is against the Defendants for 2 years from the date of the conclusion of the judgment.

Reasons

Punishment of the crime

1. In March 2020, the Defendants received money from D, who operated the “Chop” around 05:00 on March 1, 2020, after hearing the request from the Defendant that “Wol E, along with the Defendant, stolen money from the said drinking house,” and sought money from the victim E (E, South, 51 years old), who is the mother of the victim, demanded H (E, 75 years old) to take advantage of the victim’s money, but H refused this request, thereby soliciting the victim to steals.

The Defendants discovered 85,00 won in cash ( Chapter 8, 5,000 won) owned by the victim on the wall that was located in the part of the victim, where the victim was coming to the protection of the victim and followed the protection, and moved out.

As a result, the defendants stolen the victim's property together.

2. Defendants in violation of the Punishment of Violences, etc. Act (joint attack) have taken an attitude of 70,000 won in cash from victims and victims, such as the date, time, place, as described in Paragraph 1, and then stolen E money at the same time and place, and Defendant B received money from victims H, and Defendant A received 70,000 won in cash from victims of drinking animals, such as “I would have to report to the police and punish E if I would have received money.”

Accordingly, the Defendants jointly committed 700,000 won from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of respective Acts and subordinate statutes of E, H and D;

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 350 (1) of the Criminal Act (the point of joint conflict and the choice of imprisonment), and Article 331 (2) and (1) of the Criminal Act (the point of joint larceny) of the same Act;

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act;

1. Suspension of execution;

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