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(영문) 대전지방법원 홍성지원 2015.12.03 2015고합13 (1)

폭력행위등처벌에관한법률위반(공동공갈)

Text

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

Reasons

Punishment of the crime

The Defendant conspired to share their respective roles with C, D, E, etc., and other persons whose driver’s license was revoked to visit the Road Traffic Authority in order to undergo special traffic safety education by pretending them to have been involved in traffic accidents and to take money and valuables under the pretext of agreement by pretending them to have been involved in traffic accidents, and by inducing them to reach an agreement by threatening them to report to the police by using the weak points of a non-licensed driver, a “patient” who is faced with the body of a non-licensed driver, a “accident” who leads the victim to reach an agreement by threatening the victim to report to the police by using the weak points of a non-licensed driver, and a “duplicating” who is driving the victim

1. On July 18, 2012, the Defendant and C, along with C, showed that the Victim F (56 years of age) who had taken special safety education at the Chungcheong Branch of the Road Traffic Authority located in Chungcheongbuk-ro 14-5, the Cheongju-si, Cheongju-si, would drive G Poter freight without a license, and following the victim, the Defendant was found to have parked the said Poter in the victim’s residence located in Sejong Special Self-Governing City H.

On July 19, 2012, the Defendant, along with C, considered the opportunity for the Defendant to commit a crime with the cargo vehicle driven by the victim getting on a passenger car and driving the vehicle. At around 18:00 on the same day, the Defendant pretended to commit a traffic accident as if he intentionally gets off the cargo vehicle driven by the victim on the road near the reservoir located in Sejong Special Self-Governing City, and as if she was placed on the same vehicle, C, as the Defendant was on the ship of the Defendant, and C, as if she was on the ship of the Defendant, had the victim make a report to the police without a license, and had the victim be punished for a traffic accident agreement, and had the victim receive KRW 700,000 from the victim, under the name of the Defendant, a post office (Account number I) in the name of the Defendant, for a traffic accident agreement.