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(영문) 대구지방법원 2015.10.07 2015고정1671

공갈등

Text

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

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

Reasons

Punishment of the crime

[criminal power] On January 9, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Punishment of Violences, etc. Act (a collective weapon, violence, etc.) at the Daegu District Court, and the said judgment became final and conclusive on the 17th day of the same month. On July 10, 2014, the same court was sentenced to a suspended sentence of one year and six months for a crime of violation of the Road Traffic Act (abstinence) and one year and six months for a suspended sentence of one year and six months for a crime of violation of the Punishment of Violences, etc. Act (abstinence, etc.).

【Criminal Facts】

1. Around 04:30 on December 30, 2010, the Defendant, while under the influence of alcohol, driven B rocketing car at the front of a head office, where it is impossible to identify the trade name near the health university located in the Tae-dong, Tae-gu, Tae-dong, Tae-gu, Daegu, while under the influence of alcohol, from around 04:169% of alcohol level, up to approximately 50 meters in the front of the head office, in the direction of the arms mountain mountain in the same Dong.

2. Around 03:00 on July 12, 2013, the Defendant, along with two occinants of violent organizations “C” and two occinants in “E” located in Daegu-gu, Daegu-gu, Daegu-gu, as well as two occinants from the victim F (29 years of age), provided the amount equivalent to KRW 300,000,000,000,000, the occin service fee of KRW 1.80,000,000 from the victim, was requested by the victim to pay the drinking value, while she took part in his/her organized violence breach of trust, and expressed her belief with the victim’s words “This finite, finite, finite,” and continuously requested payment of the drinking value, she seems to have expressed an attitude to obstruct business operations or to inflict any injury on his/her personal affairs by mobilization of staff members of the same organization.

As a result, the Defendant got the victim to attack and let the victim pay the drinking value, and acquired the pecuniary benefits equivalent to the sum of 480,000 won, such as the drinking value.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on detection of a host driver;

1. Invoice;

1. Previous convictions in judgment: Criminal records and investigation reports, and the fixed date;