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(영문) 청주지방법원 2019.06.14 2019고단750
상습공갈등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Criminal Justice] On March 16, 2017, the Defendant was sentenced to one year of imprisonment for fraud at the Cheongju District Court, and completed the execution of the sentence in the official prison on November 9, 2017.

【Criminal Facts】

On February 21, 2019, at around 22:15, the Defendant called “D” operated by the victim C in the 22:22:15 Chungcheongnam-si, Chungcheongnam-si, and the second floor. Although the Defendant did not have either received a maceth or visited the said establishment, the Defendant was sexually frighted to the victim (i.e., at the time of the visit) even though he did not have received a macebial or visited the said establishment, and (ii) was sexually ill, before the police station located in order to make a report at the present time. (iii) undergo a hospital treatment and undergo a diagnosis, and (iv) reported the completion

At around 23:02 on the same day, the Defendant received KRW 1,00,00 from the Defendant’s E account (Account NumberF) in the name of the Defendant, and received KRW 14,937,200,00 in total from 152 times in total, as shown in attached Table 1, from August 7, 2018 to March 31, 2019, by calling at the 636 marina business establishment in total, as described in attached Table 1, the Defendant called at the above 636 marina business establishment, and received KRW 14,937,200 in total, as described in attached Table 2).

In this regard, the defendant did not habitually receive property or receive money from the victims, and did not receive money from the victims and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and C;

1. Reports on internal investigation, reports on investigation, and records of seizure by the police;

1. Previouss before ruling: Criminal history records, inquiry reports, and investigation reports (verification of facts during the repeated period);

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 in a planned manner;

1. Relevant Article 351 of the Criminal Act and Articles 350 (1) and 352 of the Criminal Act concerning the selection of criminal facts and the punishment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of punishment by law: Imprisonment;

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