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(영문) 서울북부지방법원 2014.05.16 2014고단858

공갈

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 30, 2014, at around 09:42, the Defendant ordered “E” restaurant operated by the victim D (n, 66 years of age) in Seoul Special Metropolitan City, Nowon-gu, to enter the center, and put the body in a glass bottle, which was prepared in advance, while drinking, and sent the above victim with a view to putting the victim into the room, and showing the above victim’s cryp and the above victim’s cryp of glass bottle, and cryp, “the hospital, should be treated as a glass, and the treatment fee should be changed,” and the Defendant received 50,000 won from the above victim who frighted, and then presented his attitude that “if you do not pay money, it would be harmful to the victim’s personal affairs or restaurant business.” The Defendant was delivered KRW 20,000,000 from the above fright's place of food, which was frighted.

Accordingly, the Defendant received a total of KRW 70,000 from the victim.

2. On April 1, 2014, at around 23:00, the Defendant: (a) placed the main point of “H” where the victim G (the 70-year-old age) working for F 301 in Seoul Special Metropolitan City, Nowon-gu (the 70-year-old age-) and ordered two kimchi; (b) placed the two parts of the kimchi in a glass bottle, and put the victim into a room while drinking; (c) sent the above victim with a view to “the hospital fee has been 300,000 won or more in food, and the hospital fee has come to be 30,000 won or more in food”; and (d) received 50,000 won or more from the above victim’s place of business, who did not know of the harm to the victim’s personal affairs or restaurant business.”

Accordingly, the above defendant got 50,000 won to attack the above victim.

Summary of Evidence

1. Defendant's legal statement;

1. D, G에 대한 긱 경찰진술조서

1. The application of Acts and subordinate statutes of an investigation report (a report on the confirmation of an Ecafeteria CUV video);

1. Relevant Article 350 (1) of the Criminal Act concerning the facts constituting an offense and Article 350 (1) of the Criminal Act;

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

1. The defendant under Article 62 (1) of the Criminal Act of the suspended execution;