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(영문) 서울중앙지방법원 2015.12.09 2015고단5345
폭력행위등처벌에관한법률위반(상습공갈)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On March 11, 2011, the Defendant was sentenced to a summary order of one million won as a crime of extortion at the Seoul Central District Court, and on June 3, 2014, the Defendant was sentenced to a suspended sentence of four years for a period of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (Habitual Assault) at the Seoul Southern District Court.

6.11. The judgment becomes final and conclusive and is currently under probation.

【Criminal Facts】

On June 2, 2015, the Defendant: (a) around 02:00, at the “E” singing practice room operated by the victim D (n, 56 years of age) of the first underground floor in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul (hereinafter “E”); (b) received the said victim’s drinking and female helpers, and (c) reported the victim’s cell phone to the effect that the victim was unable to play properly because the victim did not play properly because he did not compensate for the damage; and (d) if he did not compensate for the damage, the Defendant carried the drinking, and reported the female her to drink.”

As above, the Defendant was exempted from paying 48,000 won in cash from the victim who frightened the victim, namely, a 48,000 won, and received 20,000 won.

From the end of July 2015, the Defendant was exempted from the payment by the aforementioned methods five times in total, as shown in the list of crimes in the attached Form, and received cash, and received KRW 449,000 in total, and received KRW 640,000 in total.

Accordingly, the Defendant habitually received property benefits and received property by habitually threatening victims as seen above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, D, G, H, and I;

1. The victim's identification card, field photograph, etc.;

1. Previous convictions: Criminal records, previous convictions, summary orders and judgment;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Article 2(1)3 of the Punishment of Violences, etc. Act and Article 350(1)1 of the Criminal Act concerning a crime

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