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(영문) 서울남부지방법원 2019.08.16 2019고단2231
특수공갈
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 05:00 on November 1, 2018, the Defendant ordered alcoholic beverages, etc. at the 1studio of "D" operated by the victim B (the age of 51) located in the underground floor of Geumcheon-gu Seoul building C, Geumcheon-gu, Seoul, and demanded a studio to enjoy entertainment and singing singing for entertainment, but it was refused, so it was difficult for the Defendant to avoid disturbance, such as cutting the beer of the beer and the beer of the beer's disease.

In order to refrain from the above disturbance, the Defendant, at the same time, received 30,000 won in cash from a food victim who threatened the victim's body without giving money to "I will bring about the same kind of money without giving money to the victim." In order to avoid the above disturbance, the Defendant: (a) stated that "I will bring about the death of someone, without giving money to the victim; (b)" and then, (c) threatened the victim with the death of someone, and (d) received 300,000 won in cash from the food victim who had frighted the victim's body.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Records of seizure and the list of seizure;

1. Each report on investigation;

1. Application of Acts and subordinate statutes, such as notification to a department related to 112 case reporting, business permission, and field photographs;

1. Relevant Articles 350-2 and 350 (1) of the Criminal Act and the choice of punishment for the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under Article 333(1) of the Return Criminal Procedure Act recognize the defendant's mistake, the defendant is the primary offender who has no record of criminal punishment, the defendant agreed to do so smoothly with the victim, and the defendant's age, character and conduct, environment, circumstances of the crime, means and consequence, etc. shall be determined as ordered by the sentence, taking into account all the circumstances after the crime.

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