logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.02.02 2016고단3437
공갈
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant would report to the police on the so-called singing practice place operators who sell alcoholic beverages and assist so-called singing practice.

In the face of the State hot spring, it is likely that the State will not give the State of the State of the above business with the fee for singing, the drinking value, and the cost of singing.

On February 29, 2016, at around 22:00, the victim D (the age of 52) operated by Dobong-gu Seoul Metropolitan Government C, “Esing and arranging so-called “Esing and singing” refers to the victim’s “an act of selling alcoholic beverages and allowing the police not to report it to the police,” and thus, the victim was trying to acquire economic benefits equivalent to the same amount by forcing the victim, who was drinking, to pay for about one hour in singing and claim for the total amount of 60,000 won in the fee for singing, but the victim did not refuse it and did not commit an attempted act.

Summary of Evidence

1. Legal statement of the witness D;

1. Some of the statements made by the police in relation to D;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 352 of the Criminal Act, Articles 350 (1) and 350 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of recommended sentences on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The economic damage of the victim was not actually incurred due to the crime of this case; the damage did not want the punishment of the defendant after the prosecution: the defendant is consistent with the defendant against the crime of this case; although the defendant was not guilty, the victim was not guilty.

Even if the defendant is a small-scale self-employed person, he or she has committed an illegal act, such as inducing the victim to do so.

arrow