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(영문) 서울동부지방법원 2020.01.31 2019고단2326

공갈등

Text

The defendant shall be innocent.

Reasons

1. On January 18, 2019, the Defendant: (a) around 22:00, on the grounds that the victim claimed excessive charges in the “D” singing room operated by the victim C in Songpa-gu Seoul, Songpa-gu, Seoul; (b) on the ground that the victim and his/her employees claimed excessive charges, the Defendant reported to the police and prevented him/her from operating his/her business by reporting it to the victim and E, who is his/her employees, without having to provide KRW 300,000,00. The Defendant: (c) taken a dynamic image with a large voice that “the victim taken various images; ............ the victim, who was another customer, was fright to report the completion of the police.

Accordingly, the Defendant interfered with the operation of the victim’s singing room by force, and received 40,000 won in cash from the victim’s place of payment by assaulting the victim as above.

2. On the judgment of the court, the defendant and his defense counsel asserted that "the defendant did not attack or threaten the victim by speaking as stated in the facts charged in this case, and only because it was judged that singing costs were excessive and requested to confirm it, and the defendant's claim and error was just refunded that 20,000 won received from the victim, and the defendant's refund of 20,000 won is not another's property, but can not be deemed to be included in the form of the crime of public conflict. There was no intention or illegal acquisition." As to obstruction of business, the defendant asserted that "the defendant merely demanded that the victim show the basis for the claim amount, such as the receipt, as a legitimate exercise of right as a consumer at the time of the case, and it cannot be viewed that the defendant's act was a threat of crime of interference with business, since it did not use violent language or force."

The following shall be admitted by the record: