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(영문) 대전지방법원 천안지원 2016.03.24 2015고정1079

공갈

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On May 27, 2015, the Defendant, while under the influence of alcohol in the vicinity of the Asia-si on May 19:40, 2015, temporarily stopped a taxi on the part of the victim C (11) and was boarding the taxi despite the control of the taxi engineer.

On the back of the E cafeteria located in Asan-si, the Defendant: (a) calculated the taxi fee of the Defendant; (b) calculated the taxi fee of the victim; (c) set up the victim; and (d) stated, “I do not have to go to her place; and (c) received KRW 900,000,00 from the victim of fallon, who was in possession of the victim of fallon, and received KRW 3 mobile phone, KRW 7,200,00 from the victim of fallon who was in possession of the victim

Accordingly, the defendant received property by threatening the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of CCTV CDs video-related Acts and subordinate statutes;

1. Relevant Article 350 (1) of the Criminal Act concerning the facts constituting an offense and Article 350 (Selection of Penalty Penalty) of the Criminal Act;

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 provides that the Defendant guilty of the crime of the order of provisional payment states that he/she only received a mobile phone from the injured party by informing the injured party of his/her intention to rent the mobile phone, and denies the charges by asserting that there was no fact that he/she did not put the victim a fright.

However, the following circumstances found by each evidence of the judgment, i.e., (i) the victim was frighting the Defendant, who arbitrarily fright to the taxi while under the influence of alcohol with the child of 11 years old at the time, and (ii) made a statement to the effect that the Defendant frighted the victim who was frighted at the time, and she got off the victim’s cell phone and cash 7,200 won, which the victim was frighted, after having frighted the victim at the time of drinking. The victim made a statement to the effect that he got out of the victim’s cell phone and cash

(2) According to CCTV CD images, the Defendant gets off from a taxi and followed the victim.