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(영문) 인천지방법원 부천지원 2018.03.28 2017고정1052

공갈등

Text

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

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

Reasons

Punishment of the crime

To the extent that it does not harm the identity of the facts charged and the defendant's right to defense, part of the facts charged was revised and stated in accordance with evidence.

1. On December 10, 2016, the Defendant: (a) on December 10, 2016, on the “D Singing practice place” located in Kimpo-si, Kimpo-si, Kimpo-si; (b) on the same day, the Defendant sent a large amount of drinking values to E who is an employee of the said singing practice place; and (c) on the other hand, the Defendant sent a large amount of drinking values to E.

On the 17th day of the same month and the 17th day of the same month, even though there was no assault in the above singing room, it was found in the singing room at the same time, and it was responsible for ‘Neman's assaultingly and unlawfully.'

At the same time, in operating a singing book, the author made a decision to grant a customer a credit to the police, and reported the singing book to the police on the 27th day of the same month.

The Defendant, without giving money as above, continuously reported a singing room for illegal business operations, by threatening the victim, and received KRW 1.5 million in cash from the victims of drinking, around January 2017.

[The defendant and his defense counsel did not have any fact that the defendant was frighted to the victim, and the victim only paid 1 million won with the intention to commit the assault due to the victim's death.

However, according to the evidence duly adopted and examined by this court, it is sufficiently recognized that the defendant intimidations the victim on several occasions as stated in its reasoning, and that a person suffering from frightage has paid 1.5 million won in cash to the defendant.

The defendant and defense counsel are without merit.

2. On December 27, 2016, the Defendant: (a) demanded the victim H to “accoming and drinking”; (b) demanded the victim H to “accoming;” and (c) demanded the victim H to be off clothes from singing machines; and (d) on the ground that the Defendant did not comply with the demand, the Defendant was illegal for the police.