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(영문) 대구지방법원 김천지원 2019.06.27 2019고단265

폭력행위등처벌에관한법률위반(공동공갈)

Text

Defendant

A Imprisonment with prison labor for five years, for three years and six months, for defendant C, for two years, and for two years, for defendant D.

Reasons

Punishment of the crime

[Criminal Power] On October 8, 2015, Defendant A sentenced Defendant A to three years and six months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint conflict) in the Hongsung Branch of the Daejeon District Court on the grounds of violation of the Act on the Punishment of Violences, etc. (joint conflict), and completed the execution of the sentence in the one prison for the North Korean defectors on March 26, 2018.

Defendant

B On April 29, 2016, the Seoul Central District Court sentenced one year and six months of imprisonment with prison labor for special larceny, etc. in the Seoul Central District Court, and was released on August 14, 2017 and passed on December 15, 2017 during the execution of the sentence.

Defendant

C On October 30, 2015, the Daejeon High Court was sentenced to two years and six months of imprisonment for violation of the Punishment of Violences, etc. Act, and four years of suspended execution, which became final and conclusive on November 7, 2015, and is currently suspended execution.

Defendant

E, on October 8, 2015, sentenced two years and six months to imprisonment for the same crime in the Hongsung Branch of the Daejeon District Court, and completed the execution of the sentence in the area of origin of the Daejeon Correctional Institution on March 26, 2017.

[2019 order 265] The Defendants conspired to take money and valuables under the pretext of agreement after intentionally paying a traffic accident to a non-licensed driver who drives a vehicle in the Road Traffic Authority or in the driver's license test to receive special traffic safety education or to apply for a driver's license test, using many cases of visiting the Road Traffic Authority or in the driver's license test.

According to the above conspiracys, the Defendants: (a) in overall control of the entire crime, and (b) are able to induce the agreement by threatening the unauthorized Drivers to report to the police by taking advantage of the weak points of the Unlicensed Drivers; (c) Defendant B is a “patient” who intentionally fights on the vehicle driven by the Unlicensed Drivers and receives the agreed money; and (d) Defendant C, Defendant D, and Defendant E are in contact with the Defendant A while driving the Unlicensed Drivers.