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(영문) 수원지방법원 안산지원 2013.04.26 2013고단465
폭력행위등처벌에관한법률위반(공동공갈)
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Victim D(n, 21 years old) is a mentally handicapped person with intelligence index 52.

Defendant

B Until September 5, 2010, around nine (9) months after the police officer was boomed with the victim during the nine (9)-month period. On October 2010, 2010, the police officer threatened the victim with his/her living expenses, etc. to receive money and valuables by threatening him/her to return to the victim, and by threatening him/her to complete his/her living expenses, etc., and had inflicted an injury on the victim.

From October 2011, the Defendants came to come to school with patriotic people from around October 201, and Defendant B came to contact again with the victim around September 201, and then, from around that time, Defendant A was living together with the victim at the home of Defendant A, E E 303, at Si interesting, from around that time.

The Defendants, who live together with the victim, were frightened to the victim, who is the mental retardation, and caused the victim to open a mobile phone, apply for a loan, and purchase a computer in the victim’s name, and had the victim use it.

From September 2, 201 to July 22, 2012, the Defendants, from around September 2011 to July 2, 2012, had been living together with the victim from around E 303 to the victim from time to time, and, at the same time, the Defendants, such as “influent with the victim,” and “I will not be able to make a mobile phone unless it is known.”

On September 27, 2011, the Defendants: (a) concluded an agreement with Samsung Card Co., Ltd. to purchase a computer; and (b) received it and used it; and (c) acquired the victim’s interest equivalent to the amount of KRW 1,751,210 of the installment payment, by causing the victim to bear the liability of KRW 1,751,210 of the installment payment.

In addition, from around that time to January 2, 2012, the Defendants had the victim open a cell phone or apply for a loan in the name of the victim as shown in the separate crime list, and received it and used it, and did not pay the fees for the use of the cell phone, the principal and interest of the loan, etc.

As a result, the Defendants jointly attacked the victim and 14,875,118 won.

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