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(영문) 서울중앙지방법원 2015.07.24 2013노3679

폭력행위등처벌에관한법률위반(공동공갈)

Text

1. The judgment of the court below is reversed.

2. The Defendants shall be punished by a fine of KRW 500,000.

3. The Defendants are fined.

Reasons

1. According to the evidence submitted by the prosecutor, the gist of the grounds for appeal by the prosecutor, the facts charged can be fully acknowledged.

2. We examine ex officio the prosecutor’s appeal before determining the grounds for appeal.

In the trial court, the prosecutor requested to change the indictment to exchange the facts charged against the Defendants in the indictment, and since the subject of the judgment was changed by this court's permission, the judgment of the court below cannot be maintained any more.

3. As such, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and it is again decided as follows after the pleading.

Facts of crime

1. On September 24, 2009, Defendant A was sentenced to imprisonment for a violation of the Specialized Credit Financial Business Act at the Seoul Central District Court on September 24, 2009, and the judgment became final and conclusive on October 2, 2009.

Around February 5, 2008, between D and 1-3 persons whose name is unknown, the Defendant took two times in a 1st floor underground floor of the building in Gangnam-gu Seoul city X-gu, and in a 'G’ singing room operated by the victim F. The Defendant, who was requested by the victim to pay the drinking value, was a organized violence offender, and the Defendant, D, and those who were not aware of the name, took the same attitude that the victim would inflict any harm on the victim’s life, body, or property by raising the victim and taking a bath, etc.

Accordingly, the defendant, in collaboration with the victim with the victim from 1 to 3 who is not aware of the name D and the market price, took advantage of the property interest that the victim could not know.

2. The defendant B’s name and three as well as the defendant’s name from July 2007 to May 2008 are four times, and the market price is at “G” singing rooms operated by the victim F, with the victim’s first floor above the Seoul Gangnam-gu X Ground Building.