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(영문) 수원지방법원 2014.08.13 2013고단3338

폭력행위등처벌에관한법률위반(공동공갈)등

Text

Defendant

A Imprisonment for two years, Defendant B imprisonment for two years, Defendant C for one year, and Defendant D for one year.

Reasons

Punishment of the crime

[2013 Highest 338] - Defendants

1. The Defendants’ joint criminal conduct, from August 2012 to October 2012, Defendant A borrowed KRW 200 million from Defendant B to Defendant G again, but it was anticipated that it would be difficult for the Defendants to recover their claims by avoiding contact. As such, Defendant A had induced the victims, and had been able to receive their claims by assault and threat.

Defendant

A, around 22:00 on January 24, 2013, contacted Defendant B and C to have the victim go to the I restaurant located in Seoul Special Metropolitan City, Nowon-gu H. On the same day, around 23:00 on the same day, A left the victim in the name of the Seoul Northern District Court located in Dobong-gu Seoul, Dobong-gu, Seoul, Seoul, and went to the above restaurant on January 25, 2013, and around that time, Defendant B and D arrived at the above restaurant.

Defendant

A은 2013. 1. 25. 00:00경 피해자가 ‘가지고 있는 돈이 없다, 유흥비로 모두 써 버렸다’고 말하자 주먹과 발로 피해자의 얼굴 및 배 부분을 수회 때리고, 이에 가세하여 피고인 B은 피해자에게 ‘씨팔놈아, 내 돈 어떻게 갚을 거야’라고 욕설을 하고 부지깽이를 들고 피해자를 찌를 듯한 행동을 하고, 피고인 D은 손과 발로 피해자의 머리, 다리 부분 등을 수회 때리고, 위와 같이 피해자가 맞고 있는 동안 위 식당에 온 피고인 C은 피해자로 하여금 옷을 벗도록 한 다음 피해자에게 찬 물을 수회 부었다.

In this way, the Defendants jointly inflicted injury on the victim, such as scarke, which requires approximately three weeks of treatment.

2. Defendant A, B, and D’s joint criminal conduct demanded that the victim pay his/her obligation to the victim, as above, and the victim demanded that the victim pay his/her obligation to the victim, and that the victim would receive KRW 50 million from J to partially repay his/her obligation. Defendant A’s joint criminal conduct refers to Defendant B and D’s injury to the victim.