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(영문) 대구지방법원 서부지원 2016.06.09 2016고단70
공갈등
Text

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

1. Suppression;

A. The Defendant committed the crime against the victim C with the intent to attract money by threateninging the victim with the awareness that he/she illegally exchangeds the victim while operating the "entertainment room" on the D2th floor of the victim C, the Daegu-gu objective group D2, and, on June 18, 2015, the Defendant called the victim to the effect that "on the part of the police and the prosecution, he/she would not be able to control the entertainment room if he/she want to pay money to the victim, but he/she would not be able to operate the entertainment room by making a report if he/she did not give money, and from June 23, 2015, he/she received KRW 100,000 from the victim of the said entertainment room from June 19, 2015 to the effect that "on the part of the police and the prosecution, he/she would not operate the entertainment room."

7. Until December 22, 200, a total of 2.3 million won was received from the injured party, such as the list of crimes in the annexed sheet, on 17 occasions.

B. On July 22, 2015, the Defendant received KRW 1.5 million in cash from the victim “H” located in Daegu-gun, Daegu-gun, on July 10, 2015, around August 10, 2015, from the victim E, to receive KRW 1.5 million in total from the victim’s residence, prior to the Defendant’s dwelling in Daegu-gun, and received KRW 2.5 million in total from the victim, who received KRW 1 million in cash from the victim, while operating the “entertainment room” from the victim E in Daegu-gun, while making it illegal exchange to customers.

2. 재물 손괴 피고인은 2015. 8. 1. 17:00 경 위 1 항 장소에서, 위 1 항 기재와 같이 피해자 C에게 돈을 요구하였으나 피해자가 돈을 주지 않자 화가 나 그곳에 있던 오락기를 쇳덩이와 주먹으로 내리쳐 깨트려 피해자 소유인 시가 50만원 상당의 오락기 1대를 손괴하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. The application of Acts and subordinate statutes (Evidence 30 pages) to pocketbookss;

1. Relevant provisions of the Criminal Act and Article 350(1) of the Criminal Act for the selection of punishment for the facts of crime (this refers to the concurrence of each of them).

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