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(영문) 부산지방법원 2016.06.22 2015고단8593

폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 23, 2014, at around 16:00, the Defendant: (a) lent the name of the business operator to E in a relationship with the said victim in Busan-gu, Busan-gu, Busan-do; (b) was liable for KRW 1.3 billion; (c) had the said victim paid the said debt; and (d) had the said victim paid the said debt in mind so that he could settle the said debt against the said victim; and (c) had the victim talked with the said victim by “the victim’s talks outside of the Republic of Korea because he/she had his/her father; and (d) had the entrance installed even if he/she had his/her father’s access; and (d) had the victim’s husband more easily as he/she had been married.

“Along with sound, the kitchen knife, which is a dangerous object between the two in advance, took the attitude that the victim seems to have followed the part of the victim’s neck, and she ended into the inside.

Accordingly, the defendant carried dangerous things and invaded upon the victim's residence.

2. The Defendant, at the time and place specified in paragraph 1, listens to the answer of the relationship between the victim D and the victim E in which it is possible to marry. The Defendant, at the same time and place, sees the answer of the relationship between the victim D and the victim, puts the kitchen gate, write a payment note to the victim E, and threatens the victim E to prepare a payment note equivalent to 1.5 billion won, takes advantage of property profit and joint and several sureties for the victim D in that place, and jointly and severally guaranteed the victim D’s “if the scar is between the scars and the scars, the scars will be married. The two are as follows and how to escape.

“In doing so, the kitchen knife with the kitchen knife on the breab, and the victim D, who had frighted above the kitchen knife, intended to obtain pecuniary benefits equivalent to the above debt amount by having D, but the victim failed to comply with it and failed to achieve the intent.

Accordingly, the defendant, carrying dangerous articles, obtains property benefits from victims or withdraws property benefits.