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(영문) 대전지방법원 2014.08.08 2014고단1693
공갈등
Text

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

except that 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

1. On November 11, 2012, at around 00:20 on November 11, 2012, the defrauded: (a) observed that the Victim E (year 26)-friendly job offering F (year 26) driven a vehicle in front of the D hotel located in Daejeon Seodong-gu C, and (b) made a false statement to the effect that the victim is the owner of the damaged vehicle; and (c) made a request for KRW 3 million under the pretext of agreement.

In fact, even though the defendant is not the owner of the damaged vehicle, he received cash of KRW 100,000 from the victim and received KRW 500,000 from the victim to the account he informed.

2. The injured Defendant received the said money from the victim at the same time and place, and, on the ground that the victim was fluenite, led the victim to a toilet by saying, “fluoring fly in a toilet,” and led the victim to a toilet, and then, led the victim to an injury, such as the mouth of the flusium combined flusium, which requires a victim’s treatment for about six weeks in drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (No. 2 of the evidence list);

1. Relevant provisions of the Criminal Act, Articles 347 (1) and 257 (1) of the Criminal Act, the choice of punishment against the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence (Scope of recommending punishment), violence crime group, general injury (type 1), basic area, imprisonment from April to June 1 [Application of multiple criminal processing standards] under the conditions as follows: (a) imprisonment for 4 months to 2 years [decision of sentence] imprisonment for 8 months; (b) a fine of the same kind (in the event of a suspended sentence) for 2 years; and (c) the circumstances leading up to the crime that has no past record of criminal punishment other than three times, the victim also has considerable responsibility for the occurrence of crime; (d) the amount of damage caused by fraud is minor; and (e) violence after the defendant was abused

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