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(영문) 서울동부지방법원 2019.10.15 2019고정572

공갈등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant and the victim B(50 years of age) are the relationship between the lessor and the lessee.

1. Around 16:00 on December 23, 2018, the Defendant: (a) demanded an employee E working in the Kabter for the reason that the victim did not make rent at the Dama terminal located in the 1st floor of Songpa-gu Seoul building; (b) was refused, and (c) received KRW 50,000 from the above E, which was frightened.

2. Interference with business;

A. At around 23:00 on December 20, 2018, the Defendant interfered with the operation of the victim’s marina business by force, such as drinking alcohol in the fourth floor of the 4th guest room of the said D massage treatment place, taking a bath, taking the brush, keeping the brush, and getting the guests out of the said place.

B. On December 23, 2018, at around 16:00, the Defendant performed drinking at the 1st floor of the Damema treatment plant, and singing and singing the bath and sound on the floor, and obstructed the operation of the victim’s marina business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The police statement concerning B;

1. A written statement of F and G;

1. E written statements;

1. Application of Acts and subordinate statutes to investigation reports (CCTV verification);

1. Relevant Article 350(1) of the Criminal Act, Article 350(1) of the Criminal Act (the point of conflict), Article 314(1) of the Criminal Act, and the choice of fines for negligence concerning the crime;

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

1. Fine of 500,000 won which is to be suspended; and

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act of suspended sentence (including the fact that the injured party does not want the punishment of the accused, the fact that the accused is the primary offender, the circumstances surrounding the crime in this case, and the circumstances after the crime);