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(영문) 서울중앙지방법원 2014.05.16 2014고정1536

공갈미수

Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant made and exported clothes, and the victim B (n, 49 years old) is running the original sales business.

Around November 14, 2013, the Defendant requested the victim to pay 1/3 of the original amount as compensation for damages, but the victim rejected it.

On December 18, 2013, the Defendant purchased oil from a victim who did not bring a claim for compensation, and then purchased 19.49 liter via “D gas station” located in Jung-gu Seoul Metropolitan Government, Seoul, in order to receive compensation for the said damage.

On December 18, 2013, at around 17:00 on December 17, 2013, the Defendant: (a) visited the F market Cdong 4083 office operated by the victim in Jongno-gu Seoul, Jongno-gu, Seoul; (b) opened the oil source on the victim’s above office’s books; (c) opened the oil tank to the victim’s above office; and (d) opened a lid with the oil door to the victim, and then, (e) opened the oil door to the victim, “I wish to do so by telephone with the president of Jongno-gu.”

The Defendant, as seen above, attempted to attack the victim as if he were to fire in the office of the victim, and receive compensation for losses from the frighten victim.

The victim had attempted to report to the police.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Articles 352 and 350 (1) of the Criminal Act concerning facts constituting an offense;

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;