logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원서부지원 2020.08.14 2020고단59
특수공갈
Text

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

However, 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

On July 24, 2019, at around 19:00, the Defendant: (a) called “a dangerous thing that the victim D borrowed money from the Defendant’s female-friendly Gu apartment Cdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

Accordingly, the defendant carried dangerous articles and received the victim's property as the victim's owner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes of a report on investigation (Attachment to a motor vehicle register);

1. Articles 350-2 and 350 (1) of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a dangerous article that carries a hand-over, which is a dangerous article, and leads the victim to good faith and received a motor vehicle owned by him/her, and the criminal liability of the defendant is not weak in light of the background and method of the crime.

However, the defendant shows an attitude that the defendant repents and reflects late and late, the defendant agreed with the victim in the investigation stage, and the fact that the motor vehicle in this case seems to have been returned to the victim is considered as favorable under favorable circumstances. In addition, the defendant's age and happiness environment, motive means of the crime, results of the crime, circumstances after the crime, etc., and all the sentencing conditions stated in the arguments and records of this case shall be determined as ordered by the order.

arrow