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(영문) 부산지방법원 2020.09.25 2019고단6030 (2)
공갈
Text

A defendant shall be punished by imprisonment for six 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

B, from August 12, 2018 to 17:30 of the same day, from around 14:00 to around 17:30 of the same day, the scores obtained from the game in “E” operated by the victim D (the age of 43) of the victim D (the age of 143) in Busan Jin-gu C and the second floor were sold to the visitors who visited the above places, and the head of the area was taken as a video, and the defendant displayed the above dynamic image of

The Defendant and B wished to borrow money from the victim, and according to the above conspiracy, the Defendant told the victim to the effect that “on September 3, 2018, the Defendant would visit the victim or notify the victim of the existence of the above video in an adjacent car page around September 22:0, 2018, and then sent KRW 2.5 million to the national bank account (F) in the name of the Defendant at around September 4, 2018.

Accordingly, the defendant and B conspired to collect property from the victim.

Summary of Evidence

B Legal Statements

1. Application of D’s written statement of the police statement to the defendant

1. Relevant Article 350 (1) and Article 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] shall be the basic area (the scope of the recommended area and the scope of the recommended punishment] below 30 million won, and six months to one year.

3. Determination of a sentence of punishment has not been recovered and the amount of damage, etc. shall be taken into account;

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