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(영문) 의정부지방법원 고양지원 2014.12.18 2014고단926
폭력행위등처벌에관한법률위반(공동공갈)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

On October 26, 201, around 05:30 on October 26, 201, the Defendant and AH found the victim K (Nam, 15 years of age), AL (Nam, 15 years of age), AM (Nam, 15 years of age), and 15 years of age) before the AJ convenience store in the Seocho-gu Incheon-si AI located in Goyang-si, Busan-si, Busan-si, and moved the victims to a park located in 1600, Busan-dong, Busan-dong, Busan-dong.

The defendant, on the ground that he considered AK, prices his her knee and knee in several times, takes 30,000 won in cash held by AM, takes her face and body knee in a number of times, and values her face and body knee in a number of times.

AH은 이에 합세하여 피해자 AK, AL을 발로 걷어차고 피해자 AL이 가지고 있던 아이팟 MP3(시가 250,000원 상당), 현금 24,000원을 빼앗았다.

The four remaining one-days imposed a penalty on the defendant's side.

Accordingly, the defendant took the victims' property jointly with other behaviors.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes on statement made to AK, AL, and AM;

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 350 (1) of the Criminal Act (Selection of Imprisonment)

2. Of concurrent crimes, the sentencing elements against the Defendant are the method and content of the instant crime for the reason of sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, and the fact that the number of victims is bad, etc.

On the other hand, the fact that the defendant recognizes the facts charged in this case and reflects it is an element of sentencing favorable to the defendant.

Furthermore, the sentencing data shown in the arguments, such as the training, character, behavior and environment of the defendant, were considered equally.

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