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(영문) 수원지방법원 안산지원 2019.01.22 2018고단3495
폭력행위등처벌에관한법률위반(공동공갈)
Text

Defendant

B shall be punished by a fine of one million won.

When a fine is not paid, the period of 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

Defendant B is a person who was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (joint conflict) in the Suwon District Court’s Ansan Branch on September 28, 2017, and on March 30, 2018, and the said judgment became final and conclusive on March 30, 2018, and completed the execution of the said punishment in a female prison on September 15, 2018.

At around 00:34 on July 21, 2015, Defendant B, while talking with the victim E (the victim E (the victim’s age of 44, September 2, 2015) and talking at the D restaurant located in Gyeonggi-si, Gyeonggi-do, Defendant B, followed the victim’s face by drinking, followed by the victim’s walking of the victim’s face. Defendant B put the victim over the floor to the front left side of the treatment days, she saw the victim’s eye, seen both slick and slicking.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspects of F or B by the prosecution;

1. E medical statements;

1. Previous records of judgment: Investigation report (Attachment to the final judgment made by a person B), three copies of the judgment, data on the status of confinement, resident inquiry, and application of Acts and subordinate statutes of the Criminal Procedure Act and subordinate statutes;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order is the case in which assault was first committed, and since the case was investigated at the time when the investigation was conducted on the relation between E and the defendant, and the crime of violation of the Punishment of Violences, etc. Act, which became final and conclusive, etc. at the same time, since the case was sufficiently prosecuted and could have been tried at the same time, the sentence shall be determined as per the order, taking into account equity with the case where the judgment was rendered simultaneously with the case where the crime of violation of the Punishment of Violences, etc. Act

Part of innocence (Defendant A)

1. Defendant A of "criminal records and all facts" of the facts charged.

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