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(영문) 부산지방법원 2016.04.26 2015고단6834
폭력행위등처벌에관한법률위반(상습공갈)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant knows that he will report to the police with the knowledge that he operates the game in an illegal manner.

The term "C", which is called a "C," which habitually takes cash, is a part of the entertainment room specialized in the entertainment room.

The defendant tried to receive money from the owners of a game business by demanding a cash in the business place in Busan House, taking advantage of the fact that if the defendant does not respond to the demand of the defendant, he can receive money from the owners of a game business by intentionally probing off customers by probing away the money, or losing money by making a game, or by making a false report that he carries out a entertainment room business in an illegal manner, and by sending a police officer, he can receive money from the owners of a game business, which would cause a great trouble to the entertainment room business if they go out.

On June 15:00 at the end of 2014, the Defendant demanded money from the victim F, who is the owner of the game in Busan Jung-gu, Busan, with the view that he/she is "C", and without giving money, threatened him/her as if he/she reported an illegal act in the amusement room, and received KRW 30,000 from the person who was fright to drink, on a regular basis, from January 2013 to June 2014, the Defendant collected KRW 1190,00 in total on 111 occasions as shown in the list of crimes in the attached Table, such as where the Defendant collected KRW 70,000 on a 111-2 basis each month from January 2013 to June 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police;

1. Each report on investigation;

1. Habituality: In light of the fact that the defendant repeatedly committed the instant crime for about two years and nine months, the similarity of the means and methods of the crime, and the connection of the methods thereof, etc., the dampness of the crime may be recognized;

Application of Statutes

1. Relevant Articles 351 and 350 (1) (general) and 350 of the Criminal Act concerning the crime, the choice of imprisonment;

1. The sentence of Article 62(1) of the Criminal Act (the following favorable circumstances) is of the same number of laws during a considerable period of time that is disadvantageous to the reasons for sentencing.

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