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(영문) 울산지방법원 2016.04.12 2014고단3975
공갈등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2013, 2013, the Defendant: (a) provided the “E” entertainment station operated by the victim D (E, 53 years old) on the south-gu Seoul underground floor; and (b) provided the victim’s demand for payment of the drinking value after drinking in the previous city; (c) provided, the Defendant died only once in the instant weather period, telephone, and only once, with the victim’s demand for payment of the drinking value; and (d) provided, the Defendant was unable to demand the victim to pay the drinking value equivalent to KRW 130,000 for KRW 130.0.

Accordingly, the defendant got 130,000 won of property benefits by threatening the victim.

2. Around September 28, 2013, the Defendant suffered an injury to the victim, in light of the victim’s face where he/she had been engaged in a beer disease, which is a dangerous article on the table, when he/she had been engaged in a dispute at “E” entertainment stations, in which he/she paid the drinking value to each other, while drinking the same and drinking. In line with the victim’s face, the Defendant suffered an injury to the victim, such as an open cocon part of the cocon, which requires approximately two weeks of medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

3. Around June 26, 2014, the Defendant sent the victim’s text message “E” on the victim’s cell phone “E” to F, who is the Defendant’s seat in order to receive the alcohol value. After being transferred from the next phone, the Defendant expressed the victim’s desire to read “this weather year is only the death of the victim, and it is the early bomb,” and then sent the victim’s mobile phone text message “At present, Irh, Irh, Irh, and Irhh Ra.”

Accordingly, the defendant threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. A criminal investigation intelligence report;

1. A medical certificate;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Article 350 (1) of the Criminal Act (the point of conflict, the choice of imprisonment), Articles 258-2 (1), 257 (1) (the point of special injury) of the Criminal Act concerning the facts of crime, Article 283 (1) of the Criminal Act (the point of intimidation and the choice of imprisonment)

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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