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(영문) 춘천지방법원 2018.11.20 2018고단835
특수공갈
Text

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

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

On July 27, 2018, at around 11:20 on July 27, 2018, the Defendant: (a) ordered the victim C (58 tax) and D (36 tax) who had taken repair of her stopine at the Defendant’s house located in Gangwon-do, Gangwon-do, to reduce the repair cost of KRW 90,000 from KRW 1.2 million; (b) the victim demanded the victim to reduce the repair cost of KRW 90,000 from KRW 1.2 million; and (c) from this time, C had a defect of the phrase “the repair cost of KRW 90,000 is to receive KRW 90,000 at a different stop from the other stop, thereby threatening the victims.”

The Defendant, while taking a bath, putting an empty link on the table, threatenings the victim C to be able to be able to buy the victim’s disease. The Defendant continued to have a kitchen, which is a dangerous thing with the kitchen, (32 cm in total length, 21 cm in length, 5 cm in width) and a kitchen, which is a kitchen, has a kitchen, which is a object in danger of being taken by the kitchen, and has a kitchen knife with the victim C’s chest, and threatened the victim C with the above knife, with the victim’s knife with the Defendant’s above knife, with the victim’s knife in the above knife of the victim D and with the victim’s knife with the victim’s knife, not, and with his death.

The defendant carried dangerous articles as above and 90,000 won were delivered to the victims who were frightened by the victims.

Summary of Evidence

1. Legal statements of the witness C and D;

1. Statement made by the prosecution with respect to C and D;

1. A detailed statement of maintenance with four wheels, a protocol of seizure, and the application of statutes on the list of seizure;

1. Relevant Articles 350-2 and 350 (1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing of Article 48(1) of the Confiscation Criminal Act [the scope of recommended punishment] The basic area (one to three years from October) (the decision of sentence) is the knife of the sentencing of Article 48(1) of the Criminal Act.

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