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(영문) 서울동부지방법원 2016.12.23 2016고단1329 (2)

폭력행위등처벌에관한법률위반(공동공갈)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 7, 2016, the Defendant offered to the Defendant: “A, D, and the Defendant asserted that the part, while having received a marina in the Marina place of business, would be cut off; and the Defendant offered to the Defendant, “I would like to report to the police by taking advantage of the fact that the owners of the business are engaged in illegal massage business without delivering the agreed money, or to interfere with money and valuables by taking advantage of the fact that the owners of the business did not engage in illegal massage business.”

On April 7, 2016, the Defendant entered the victim Facul business place located in Gwangju Mine-gu E with D in accordance with the above public offering.

At that time, D demanded the suspension of massage due to the massage, and the Defendant, along with D, stated that “D and the victim was frighted due to the massage, and the payment of medical expenses would change. If not paid, it would bring about a serious problem, such as reporting the illegal massage business to the police,” and C was waiting for the Defendant, etc. on the vehicle outside the above business place.

As such, the Defendant, together with C and D, received 200,000 won following the following day from a drinking victim, who threatened the victim with C and D.

In addition, the Defendant, in collaboration with C and D from the above date to April 15, 2016, received the total amount of KRW 900,000,000 from the victims, as shown in the attached list of crimes, for five times in total, as agreed upon.

Summary of Evidence

1. Each legal statement of the defendant, C, and D;

1. Each prosecutor's protocol of examination of the accused and C by the prosecution;

1. Each police suspect interrogation protocol against the defendant or D;

1. Each written statement of G, H and F (including photographs attached thereto, etc.);

1. Application of Acts and subordinate statutes related to investigation reports (such as a statement of a victim);

1. Relevant Article 2(2)3 of the Punishment of Violences, etc. Act, Article 350 of the Criminal Act, and Article 350 of the Act on the Selection of Fines for the crime, or a crime committed during the period of suspended execution, or a defendant led to confession of the crime;