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(영문) 창원지방법원 마산지원 2014.05.28 2014고단416
공갈
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 21, 2011, the Defendant was sentenced to imprisonment for 10 months with prison labor for fraud, etc., and on November 3, 2011, at the same court, for the same time on August 24, 2012, the execution of the sentence was terminated at the Ansan Prison. On December 16, 2012, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Suwon District Court on December 16, 201 and completed the execution of the sentence on April 19, 2014.

On April 25, 2014, the Defendant: (a) around 00:15, around 00:15, at the “E convenience store” where the victim D (the age of 22) located in Changwon-si, Changwon-si; (b) displayed the victim’s door on the left part of the Defendant’s trade; and (c) displayed the victim’s door on the part of the Defendant, “the victim was frighted, and reported all the money in the inside and outside,” and (d) received 117,000 won from the drinking victim, namely, the Defendant was issued.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (report accompanied by judgment of repeated crime, etc.);

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime: Article 350 (1) of the Criminal Act;

1. Aggravation of repeated crime: Determination in consideration of the reason for sentencing under Article 35 of the Criminal Act [Scope of Recommendation] The reason for sentencing under Article 35 of the Criminal Act [Article 35] and the fact that a repeated crime of the same type (Article 30 million or less) (Article 10 to 2 years and 6 months) is committed during the period of a repeated crime of six months (decision of sentence], and is not agreed with the victim: The fact that the defendant is against the victim, the amount of damage is small, and the partial return of the damaged money and valuables is made;

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