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(영문) 서울동부지방법원 2015.02.10 2014고단3096
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 this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant has been bullyingd by continuing to commit or threatening the victim C(18 years of age) and the same space between the victim C(18 years of age), and from middle school to middle school.

On March 25, 2013, the Defendant sold 50,000 won of the victim’s stove in a stove place, and sold s to s tove the victim’s s tove with s tove with s tove from the victim who s toves s tove with s tove, if the Defendant would not know of the sales price to the Defendant, and subsequently, 50,000 won of the s toves from the victim, from that time to June 25, 2014.

Accordingly, the Defendant habitually got 815,000 won from the victim or attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement prepared in C;

1. A report on internal investigation (affixing photographs, etc. of terrorism messages);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of juvenile protective disposition, method of frequency of crimes, frequency of crimes, and the repeated crimes of the same kind;

1. Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 350 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation (The following favorable circumstances among the reasons for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act:

1. Article 62 (1) of the Criminal Act ( considered as being more favorable among the reasons for sentencing as follows):

1. In light of the purpose of sentencing under Article 62-2 of the Social Service Order Criminal Act and the content of the crime in this case and the method thereof, etc., the fact that the criminal defendant had been detained for the same kind of crime, despite the fact that the defendant had the record of receiving juvenile protective disposition by the Juvenile Department's ruling after being detained, the crime in this case is disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case and is against the defendant, the victim is seeking the defendant's wife, and the defendant is subject to criminal punishment other than juvenile protective disposition in advance.

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