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(영문) 인천지방법원 2018.06.22 2018고단3253
공갈등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

The defendant was unmarried from around 1995 to around 1998 with C (V, 42 years of age) who was an unmarried victim C.

On November 1, 2004, the Defendant posted a phone call to the victim at a closed spot, and sent two million won to the account, as the expenses are required for boarding the ship at home.

(C) If the Defendant did not send money, the Defendant did not intend to know to the husband of the width and the workplace that he saw the Defendant to know about the fact that he sawd with the Vietnam in the past, and received 2 million won from the person suffering from the frightened fright to the account in the name of the Defendant (NAD) on the same day from the person suffering from the frightened frighting fright, and had the victim receive 16 times in total from December 22, 2017 to December 16, 2017, such as the list of crimes in the attached list of crimes, and attempted to fright 120,700,000 won in total from the damaged person, or to raise money from the damaged person. However, the victim failed to deliver money to the victim and attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Complaint;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a record);

1. Relevant legal provisions of the Criminal Act concerning criminal facts, Article 350(1) of the Criminal Act concerning the choice of punishment (conscion, inclusive) and Articles 352 and 350(1) of the Criminal Act (conscion to commit attempted crimes) and the choice of imprisonment, respectively;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

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

(a) No basic area (one year to six years) (one year and six years) of Class 3 (at least KRW 100,000, less than KRW 500,000) for the first crime (the scope of a recommendation) (the scope of a punishment) (the person subject to special sentencing)

B. Although the sentencing criteria are not set for the second crime (the attempted crime) but the crime of attack and substantive concurrent crimes are related to the crime of attack, it is necessary to observe the lower limit of the sentencing criteria within the scope of statutory applicable sentences.

2. The Defendant appears to have led to the confession of crimes and reflect his mistake.

The defendant is receiving medical treatment by light-fluence in 2013.

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