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(영문) 의정부지방법원 2014.04.04 2013고단2962

폭력행위등처벌에관한법률위반(공동공갈)

Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

On May 5, 2013, from around 03:30 to 06:00 on May 5, 2013, the Defendants: “G” entertainment tavern operated by the victim F (30 years of age) in the Gu Government-si; and: (a) enter the victim’s main hotel as a customer; and (b) ordered the victim to take a 450,000 won and the head of the place; (c) show correspondence to the victim in order for the victim to be subject to organized violence in breach of trust; and (d) threaten, “We must live in the organization; and (e) in order for the victim to take a funeral, I would like to show it well; and (e) continuously, Defendant B would go off the victim’s mother and face with his hand and let the victim settle it with the victim’s face with his hand; and (e) Defendant A expressed that “I would have a thickness to deposit it with the bank account”; and (e) D would have 4000 won and pay the victim’s alcoholic beverages from next to that.

As a result, the Defendants acquired property benefits by harming the victims jointly with D.

Summary of Evidence

1. Defendants’ respective statements in the second protocol of trial

1. The police statement concerning F;

1. Application of statutes on field CCTV data;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 350 (1) of the Criminal Act concerning the relevant criminal facts and the punishment of selective crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act for each order of provisional payment not only only has six times the records of punishment by violence, but also Defendant A was sentenced to six months of imprisonment for violation of the Act on the Control of Narcotics, Etc. (mariana) and sentenced to two months of suspension of execution on January 14, 2012, and the above judgment became final and conclusive on January 14, 2012, committed the instant crime during the period of suspension of execution. Defendant B has five times the records of punishment by violence, and Defendant B has five times the final records of punishment by violence, and on January 6, 2012, was sentenced to one year of imprisonment for a violation of the Act on the Punishment of Violences, etc.