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(영문) 서울중앙지방법원 2013.09.26 2013고정4244

공갈미수

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 02:00 on December 7, 2012, the Defendant: (a) expressed an attitude to attract money and valuables to the victim D (e.g., age 51) in the 3 room of “Crogate room” located on the first floor in Gwangjin-gu Seoul Special Metropolitan City, Seoul, with the helper; (b) stated that the victim d (e.g., age 51) was playing together with the victim at the above Erogate at the night, and 300,000 won was placed under the condition that he would run the 100,000 won in addition to the service fee of KRW 100,000,000 with the victim; and (c) stated the victim’s “I will not open the 400,000,000,000,000 won.”

The Defendant, as such, attempted to receive money from the victim by threatening the victim, but F was an attempted wind to report this.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on the accused and D;

1. The police statement concerning F;

1. G statements;

1. Application of the Act and subordinate statutes to the mobile phone details photographic (cognified as the district) of the witness F;

1. Relevant Article 352 of the Criminal Act and Articles 352 and 350 (1) of the Criminal Act and the choice of fines concerning criminal facts;

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;