beta
(영문) 창원지방법원 통영지원 2015.12.22 2014고단1059

공갈

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 2012, the Defendant has been operating the above newspaper as the representative and editor of the “D” in macro-si from May 2012.

On August 2013, the Defendant found the F new construction site in E at the end of 2013, and found the victim G, who is the site manager, insufficient facilities for preventing scattering dust and facilities for spacting, the Defendant filed a civil petition for the viewing of sprinking and showing an attitude to report it to D.

The Defendant received 200,000 won in cash from the victim’s employee at the above D office around that time, and received a total of eight times from around that time to May 30, 2014 as indicated in the list of crimes in attached Form 38,00 won from five victims, as shown in the list of crimes.

Accordingly, the defendant received property by threatening the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, I, J, K and L;

1. Partial entry of the suspect interrogation protocol of the accused by the prosecution;

1. Each police statement made to I and J;

1. Each statement of G, K and L;

1. Each DNA engineer [the means of a crime of threat refers to the threat of harm and injury that is likely to be frighten enough to restrict the freedom of decision-making or interfere with the freedom of decision-making, and the threat of harm and injury is sufficient if it is not necessarily required to be made by a clear method, and it is sufficient to have the other party aware that it would cause harm and injury to the other party by language or scam, and even if not directly or indirectly, it may be indirectly made through a third party other than the person under threat. In cases where an actor demands the delivery of property or pecuniary benefits by using illegal perjury based on his/her occupation, status, etc. and where the other party fails to comply with such demand, the threat of harm and injury and injury may also be made even if the perpetrator demands the delivery of property or pecuniary benefits by using an illegal perjury, and the other party’s failure to comply with such demand,