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(영문) 인천지방법원 2020.06.26 2020고단2302
공갈등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From around 20:00 to 23:50 on August 20, 2018, the Defendant argued with the victim D (inn, 23 years of age) and drinking alcohol in the Michuhol-gu Incheon Metropolitan City Btel C, and said that the victim would go to the house, and that the victim would go to the house, and that the victim would go to the house, who forced the victim not to go out of the defect by going to the ground floor, forced the victim to go out of the room, cut the victim by hand, and cut down the victim's face and head on several occasions, and prevented the victim from going to the outside of the room by threatening and threatening the victim's left 50 minutes, such as the vehicle, etc.

Accordingly, the defendant detained the victim.

2. On August 20, 2018, the Defendant, at around 23:50 on August 20, 2018, sent KRW 1,00,00,000, to the Defendant, who received a demand from the victim under confinement, to send it to the house, as described in paragraph (1), before the first floor F convenience store in Michuhol-gu Incheon, Michuhol-gu.

If the account transfer takes place, there is no evidence, which means that the money was collected in ATM directly by hand, and 90,000 won was collected from the victims of drinking water to ATM.

Accordingly, the defendant was given property by threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D and G;

1. Application of Acts and subordinate statutes to investigation reports (referring to submission and confirmation of details of accounts by a victim);

1. Relevant Article 276(1) of the Criminal Act, Article 350(1) of the Criminal Act, and Article 276(1) of the Criminal Act, the choice of imprisonment for a crime

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Not more than 15 years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Complosive Decision) Crimes (Complosive Decision). The term "Complosives" / [Type 1] 30,000 won or less (special-splosives] mitigated elements: No penalty is imposed [the scope of recommending area and recommending range].

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