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(영문) 서울북부지방법원 2013.03.21 2012고정695

공갈

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant and the victim B(54 years of age) and the victim C(42 years of age) are living together in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and within the area.

1. At around 19:00 on October 27, 2009, the Defendant offered the victim B’s face, who was taking advantage of the above D’s square, one time in his hand, and the victim B, “I see the value of the money he has in possession, and I see the value of the taxing tax base,” and the Defendant received 30,000 won in cash in his possession, which was taken out from the State money.

2. On October 28, 2009, the Defendant sent the victim C’s face, who was being accumulated in the above D’s square, once, to the victim C at one time, and then received KRW 20,000 in cash owned by the victim C, who was frighted from the State money, from the victim C.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol law to B and C

1. Relevant provisions of the Criminal Act and Article 350 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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