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(영문) 부산지방법원 2015.08.27 2015고단2996
폭력행위등처벌에관한법률위반(공동공갈)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On April 22, 2015, the Defendant was sentenced to two years of suspension of the execution of imprisonment with labor for special larceny, etc. at the Busan District Court on April 30, 2015, and had a record of its final judgment.

【Criminal Facts】

Defendant

In addition, C, D, E, and F, around 23:0 on the lower end of November 2013, 2013, planned to take money and valuables from the victim male of the other male side of the F condition, and F, by linking F with “I” of smartphone-rating operations, in which it is impossible to identify the name under the pretext of sex relation. C, C, and D, the above victim who arrived at the above place, called “I will do so, I will do so,” and they f will fright to breath, “I will do so, I will do so, and you will report to the police,” and the Defendant might fright the victim’s bat with breath hand, and the Defendant was delivered KRW 200,000,000,000,000,000,000,000,000,000 won, f., cash.

Accordingly, the Defendant, together with C, D, E, and F, received property from the victim who frightened the victim and received property from the victim.

Summary of Evidence

【Criminal Facts in the Market】

1. Statement by the defendant in court;

1. A copy of each protocol of suspect examination of police officers against C, D, E, or F;

1. Investigative report (Attachment of a written judgment to a criminal defendant) (limited to criminal records in the market);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (the confirmation date);

1. Article 2 (2) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 350 (1) of the Criminal Act, the selection of imprisonment, and the selection of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62(1) of the Criminal Act provides that the extent of the defendant's participation in each of the crimes committed by the accomplices on the reason of sentencing (the following circumstances considered in favor of the defendant), the depth of his/her mistake is divided and reflected in the sentence, and the circumstances such as equity in the case of being tried together with the previous conviction for which the first head of the judgment in the judgment in the judgment became final and conclusive.

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