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(영문) 수원지방법원 성남지원 2016.11.16 2016고정630

공갈미수

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

On October 13, 2015, the Defendant agreed to receive KRW 6,50,00 as a result of settlement with the Defendant’s wife with respect to the unpaid wages at a singing room operated by the Victim C (58 years of age) around October 13, 2015, but the Defendant had been able to receive KRW 6,50,000.

1. On November 2, 2015, the Defendant: (a) called, “I would not promptly leave the money; (b) I would not leave the money if I would know of the Defendant’s demand; (c) I would like to go against the Defendant’s body; and (d) I would like to go against the Defendant’s demand; (d) I would like to go against the intent that I would cause any harm to the victim’s body; (e) I could not respond to the Defendant’s demand.”

2. On November 10, 2015, the Defendant, at around 18:43, 2015, tried to take money by phoneing the victim to the victim, stating that “I would die with a face-to-face.” In the event the Defendant did not comply with the Defendant’s request, the Defendant did not bring about any harm to the body of the victim. However, the Defendant did not comply with the Defendant’s request to do so.

3. 피고인은 2015. 11. 15. 08:04 성남시수정구 수진동 이하 알 수 없는 장소에서 피해자에게 전화하여, “씨발새끼 돈 안 받을게. 씹쌔끼야 내가 우스워 내일까지 돈 안주면 대가리 끝부터 다리 끝까지 조져버리겠다. 각오해”라고 말하여 마치 피고인의 요구에 응하지 않으면 피해자의 신체에 어떠한 위해를 가할 듯한 태도를 보여 금원을 갈취하려고 하였으나 피해자가 응하지 않음으로써 그 뜻을 이루지 못하였다.

4. On November 21, 2015, the Defendant: (a) around 00:01, operated by the victim in Gwangju-si, the Defendant is deemed to have the nature of the victim; and (b) the victim is deemed to have the character of the victim.