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(영문) 서울동부지방법원 2014.06.19 2014고정815

공갈미수

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant, around 04:00 on December 10, 2013, in a singing practice room operated by the victim B (n, 55 years of age) located in Gwangjin-gu Seoul Special Metropolitan City on the part of the victim, sent alcohol to the victim with the helper who was the victim while drinking the alcohol together with the helper who was the victim, and then sent the victim the alcohol to the victim “ how to do so, and how to do so, 1 million won per the face of the patient,” and when the Defendant did not comply with the Defendant’s request, the Defendant sawd the victim as if he reported the illegal business to the police.

However, the victim did not comply with it and left the school.

Thus, although the defendant tried to receive property by threatening the victim, he did not bring about his intention and did not commit an attempted crime.

2. 피고인은 2013. 12. 18. 19:30경 위 1항 기재 피해자의 노래방에서, 피해자에게 “얘기 좀 합시다. 불법영업이면 벌금에 영업정지에 원룸 이자도 밀리고 먹고살기가 빡빡해서 그러니까 ”라고 말하여 돈을 주지 않으면 마치 불법영업을 경찰에 신고할 것처럼 피해자에게 겁을 주었다.

However, the victim did not respond to this and reported to the police.

Thus, although the defendant tried to receive property by threatening the victim, he did not bring about his intention and did not commit an attempted crime.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes on police statement No. B

1. Relevant provisions of the Criminal Act and Articles 352 and 350 (1) of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;