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(영문) 서울북부지방법원 2015.01.30 2014고단4450
공갈등
Text

In the case of the crimes in the No. 1 or 6 of the Crime List in the judgment of the defendant, the number of crimes in the judgment of the defendant shall be three months.

Reasons

Punishment of the crime

[Criminal Power] On December 12, 2013, the Defendant was sentenced to a suspended sentence of one year for the crime of obstruction of performance of official duties at the Seoul Northern District Court, which became final and conclusive on December 20, 2013.

【Criminal Facts】

The Defendant had been provided with alcoholic beverages or entertainment services in a singing room, etc., in which the employment of alcoholic beverages is prohibited, and had been urged to report this.

Around 04:00 on April 2, 2012, the Defendant calculated the drinking value of 120,000 won in advance at “Eju” operated by the victim D in Jung-gu Seoul Metropolitan Government, and performed a contact loan and drinking, and the Defendant attempted to commit a crime by threatening the victim “to report to the police, if he or she does not walked, or if he or she does not refund refund,” and by threatening the victim to “to report to the police,” and thereby, he or she received the drinking value of 120,000 won from the drinking victim to October 16, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, H, I, D, J, K, L, M, N, andO;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (reports on concurrent records and confirmation of concurrent records by latter part of a suspect);

1. Relevant Articles 350 (1) and 352 of the Criminal Act concerning the crime. Article 352 (Selection of Imprisonment with Labor);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The sentence of imprisonment with prison labor like the order shall be imposed for concurrent crimes, considering the frequency of crimes, degree of damage, failure to recover damage, and repeated crimes committed during the period of suspension of execution, although the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes are divided into their mistakes;

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