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(영문) 수원지방법원 여주지원 2013.04.08 2012고단1038 (1)
공갈
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 19, 2012, the Defendant, at around 12:30 on August 12:30, 2012, took an attitude that the Defendant would inflict an injury on the victim’s life or body, and received 110,000 won in cash from the victims in the same manner as written in the list of crimes in the attached Form from October 25, 2012 to October 25, 2012, the Defendant collected money of KRW 1,420,000 in total from the victims in total six times from the victims in the same manner as written in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D, C, and E;

1. Relevant Article 350 (1) of the Criminal Act concerning the facts constituting an offense and Article 350 (1) of the Election of Imprisonment;

1. From among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravated Punishment on September 1, 2012, with regard to the heavier punishment and D) of the Criminal Act (aggravated Punishment as to concurrent crimes committed on September 1, 2012, with regard to concurrent crimes) are as follows: (i) the defendant was sentenced to the suspended sentence of imprisonment for six months in this Court; (ii) two years in probation and probation; and (iii) 200 hours in community service during the suspended sentence; and (iv) the defendant committed any crime of attack and assault during the suspended sentence on August 7, 2012; and (iii) the defendant was sentenced to a fine of KRW 1.5 million in the instant case, considering the following factors: (i) the defendant was sentenced to the suspended sentence of imprisonment for two years in June 8, 2011; and (iii) the defendant was sentenced to the defendant’s prison mental condition or assault against victims in the age.

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