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(영문) 부산지방법원 2018.02.01 2017고정502

공갈미수등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. On October 5, 2015, the Defendant: (a) requested that the victim C (here, 54 years of age) drink in the victim C (here, here, here, here, here) located in Busan Young-gu B, and was rejected; (b) but the Defendant was denied the victim’s refusal.

In addition, the victim got to withdraw money from the injured party for the reason of his own car by putting the breath, “a breathy,” “a breathy to breath the house in the fore,” but the victim did not comply with it. However, the victim attempted to do so with the wind.

2. The Defendant, at the time, at the place specified in paragraph 1, interfered with the victim’s singing room business by force for about 10 minutes in order to take money from the damaged person on the basis of the said method, such as talking the injured person and bringing heavy money on the part of the injured person.

Summary of Evidence

1. A second-time suspect examination protocol against the accused;

1. Application of Acts and subordinate statutes of each police statement protocol to C;

1. Relevant legal provisions of the Criminal Act, Articles 352 and 350 (1) of the Criminal Act (the attempted crime), Article 314 (1) of the Criminal Act (the point of interference with business), and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;