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(영문) 인천지방법원 2014.12.05 2014고단7943
공갈
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 17, 2008, the Defendant was sentenced to 4 months of imprisonment for fraud and 2 years of suspended execution at the Incheon District Court. On April 2, 2010, the Incheon District Court sentenced 8 months of imprisonment for fraud and the suspended execution was invalidated. On September 18, 2010, the enforcement of each of the above sentence was terminated.

1. On August 3, 2012, at around 22:00, the Defendant ordered 'D singing practice room located in the Nam-gu Incheon Metropolitan City C Underground 1', 'D Singing practice room', the Defendant demanded '12 reported 112 as a CCTV since she was assaulted to other customers', and received 170,000 won from the victim by threatening 10 minutes after 10 minutes of the order.

2. At around 01:00 on August 6, 2012, the Defendant: (a) reported to the police that there is no money; (b) reported that there is no money, and (c) reported to the police that there is no money, and (d) reported the fact that the Defendant would sell alcohol in a singing practice room and arrange to do so in a singing practice room, and (c) made a threat to the victim, thereby having the victim waived the drinking value of KRW 320,00,00, and thereby having the victim acquire pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of the judgment, etc.);

1. Relevant Article 350 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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