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(영문) 인천지방법원 2014.04.25 2014고정171

폭력행위등처벌에관한법률위반(공동공갈미수)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant and B were delegated to receive KRW 23 million from the victim D (year 54 and female) in lieu of the amount invested by the Defendant and B. On February 23, 2011, at around 23:00, the Defendant found the victim’s “F” endors in the Incheon Jung-gu, Jung-gu, Incheon, for the victim’s operation of the victim’s “F”, the Defendant and B saw the victim as a trial fee, “Ig, spathy, pathy, pathy,” and take the victim’s desire, and the Defendant and B interfered with the victim’s operation by force for about one hour by displaying her body while holding off his clothes, going back to her business.

2. On February 11, 2011, the Defendant and B found the letter of delegation drawn up by C at the “F” 20:30 minutes, and expressed that “The Defendant and B received 23 million won or more from the invested money” and “B, as soon as possible, is called as “induction of tax revenues and expenditures,” and “B, while showing her clothes off, goes back to the place of business, leaves the place of business, leaves the place of business, and interfered with the victim’s business by force for about 40 minutes.”

3. Around 01:30 on February 12, 201, the Defendant and B had found the horses “F” at the 01:30 ambling site, and expressed the victim’s desire to be “I ambling, I ambling, I ambling money, I ambling, I ambling, I ambling to other customers, and interfere with the victim’s business by force for a period of up to two hours.

The Defendant and B, as seen above, obtained delivery of KRW 23 million to the victim, but the victim refused to do so and did not commit an attempted crime.

Summary of Evidence

1. Each police interrogation protocol on the accused and B;

1. Each police statement about D, C, and G;

1. Application of Acts and subordinate statutes

1. Articles 6 and 2 (2) and 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 350 (1) of the Criminal Act (the point of attempted co-operation), Articles 314 (1) and 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.