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(영문) 서울북부지방법원 2018.12.12 2018고단2710

폭력행위등처벌에관한법률위반(공동공갈)

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, who operates D, visited the construction site of Dongdaemun-gu Seoul apartment building in order to raise money by threatening the construction-related persons, as the broadcast company operated by himself would conceal the illegal facts at the construction site of the above construction site.

On March 7, 2017, the Defendant visited the above E apartment construction site around 11:30 on March 7, 2017 to the victim F (54 years) who works as the head of the management team at the site as the management team.

Whether the ground is not invaded or not.

If a measure is not taken, it may be reported to the broadcast.

On the Internet, there is a perception on the Internet.

The term "the head of each construction site management team" means the request for the purchase of books and coophones prepared in advance after they were fluored and the support of donations, and "the head of each construction site management team must return to the national site."

As such, the cooperation will be improved if the decision to grant the protection of the rights is made.

If there are many amounts, the larger amount shall be added.

“After demanding the donation,” the victim was absent from the site, and the victim requested the donation to the victim six times from that time to 31th of the same month, but the victim did not comply with the request.

In this regard, the defendant did not receive property through the attack of the victim, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to photographs submitted by victim F;

1. Relevant provisions of the Criminal Act and Articles 352 and 350 (1) of the Criminal Act concerning the choice of criminal facts;

1. The sentence shall be determined as ordered in consideration of the fact that there exists a record of punishment against the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, the fact that the defendant has been punished for the same kind of crime, the fact that he/she is a journalist operating a broadcasting company and uses his/her status as a journalist, the fact that he/she is committed and attempted, the defendant's age, sex, intelligence and environment, relationship with the victim, motive, means and consequence