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(영문) 서울동부지방법원 2015.01.28 2014고단3641
폭력행위등처벌에관한법률위반(상습공갈)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 28, 2012, the Defendant: (a) committed an act as if the Defendant would pay for the use of singing in a singing practice room operated by the victim D (n,e.g., 56 years of age) in Seongdong-gu Seoul; (b) ordered the victim to provide the victim with alcoholic beverages and the delivery of female visitors by requesting the mediation of female visitors; (c) provided the victim with alcoholic beverages and the delivery of alcoholic beverages; and (d) used the singing practice room with female visitors arranged by the victim.

The Defendant demanded the victim to pay the sum of KRW 255,00,00, such as the cost of singing room use and the service cost of female visitors, and shown the victim’s attitude to the effect that “whether it is illegal to sell alcoholic beverages in a singing room, and to report it to the police,” and that he reported it to the police by using a mobile phone. The victim’s intimidation, and fluencing the victim to demand the Defendant to use the singing room.

In addition, from around that time to February 10, 2014, the Defendant, as indicated in the attached list of crimes, sold alcohol in a singing practice room operated by the victims on a total of 22 occasions, and provided a police report to the victims as if he reported the act of arranging a contact loan, and the victims of drinking drinking, who threatened the victims, did not demand that the Defendant use the singing room amounting to KRW 4,886,00,000.

Accordingly, the defendant habitually acquired property benefits by causing victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of each detailed statement and copies of credit pocket book to Acts and subordinate statutes;

1. Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 350 (1) of the Criminal Act by combining the relevant provisions of the Act on the Punishment of Violences, etc.;

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

1. The recommended sentence of sentencing according to the sentencing guidelines under Article 62-2 of the Criminal Act of the community service order: The type I shall be the habitual imprisonment, repeated imprisonment, and special imprisonment;

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