2010 Highest 1159 Violation of the Punishment of Violences, etc. Act (joint conflict), public conflict

2010 Highest 1637 (Joints)

2010 Highest 1843 (Joints)

2010 Highest 1906 (Joints)

2010 Highest 2126 (Joints)

2010 Highest 2921(Joints)

2010 Highest 3721(combined)

1. The lowestA (54 years old, south);

2. Kim A1 (60 years old, South)

Freeboard

Attorney Suspension Order (National Election for the Defendant)

September 10, 2010

Defendant LA shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

However, with respect to Defendant KimA1, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive. Defendant KimA1 ordered a community service for 200 hours.

Criminal facts

Defendant LA, in the Jinwon District Court on December 7, 2009, was sentenced to imprisonment for the violation of the Punishment of Violences, etc. Act (joint conflict) in the Jinwon District Court on the charge of violation of the Punishment of Violence, etc. Act, and filed an appeal for the suspension of the execution of six months, and is currently pending in the appellate trial. Defendant Kim A1, who was sentenced to the same court on December 7, 2009 to the suspension of the execution of four months for a violation of the Punishment of Violences, etc. Act (joint conflict) and was currently pending in the appellate trial.

(2010 Highest 1159)

1. Violation of the Punishment of Violences, etc. Act (joint conflict) by Defendant LA;

피고인은 2008. 5.경 일보 기자로 근무하면서 그 무렵 ◆신문인 빅뉴스 기자이었던 김C과 환경문제에 취약한 회사를 찾아다니면서 이를 기사화하거나 고발할 듯한 태도를 보여 구독료 등 명목으로 금품을 갈취하기로 결의하였다.

A. On June 2008, the defendant, along with KimC, found "the environment of the victim C1's waste collection and transportation business headquarters operated by the Gangseo-gu Busan Metropolitan Government 2 Dong-dong, Busan, and confirmed that he/she was the reporter of the newspaper, and presented his/her attitude to Kim C2, the victim's wife, "if he/she stores construction wastes, whether or not he/she is accused of a charge? Because of this illegality, it means that the victim, who was in contact with KimC2 and found the place where he/she was in contact with Kim C2, "if he/she would have obtained permission for collection and transportation of construction waste, he/she keeps construction waste because he/she would have received a permit for collection and transportation of construction waste, and if he/she did not comply with the demand, such as demanding five million won or more as advertising fees."

The Defendant, in collaboration with KimC, received KRW 1,00,000,000 from the victim of drinking, who frightened the victim, as above, in front of the Busan Northern-dong Hospital, as advertising fees, on the same day.

나. 피고인은 김C과 함께 2008. 8. 중순경 부산 해운대구 송정동 ◈에 있는 피해자 이C3 운영의 폐기물 수집·운반·임시보관 업체인 '□환경'을 찾아가 피해자에게 환경기자임을 밝히고 그곳에 쌓여있는 건설폐기물 중 지정폐기물이 섞여 있는 것을 지적하면서 “이것은 위법이다. 환경이 심각하게 오염된다”라고 말하고, 피해자로부터 “한번 봐 달라”는 부탁을 받자, 피해자에게 “섬으로 책을 보내는 운동을 하고 있는데 책을 구입하여 당신 명의로 보내겠다. 그 대금으로 150만원을 달라”고 요구하는 등 그 요구에 응하지 아니하면 위와 같은 위법사실을 기사화하거나 고발할 듯한 태도를 보임으로써 겁을 주었다.

The Defendant, in collaboration with KimC, received KRW 1,500,000 as a book purchase price, from a food victim, who frightened the victim, and was handed over the victim.

2. Violation of the Punishment of Violence, etc. Act (joint conflict) by the defendant lastA or Kim A1.

On October 31, 2008, the Defendants opened an online newspaper called the news "news". After using the position of the Director General of the News and the Director General of the News and the defendant Kim A1, the Defendants decided to interfere with money and valuables under the pretext of the subscription fee, etc. by finding companies vulnerable to environmental issues.

A. On November 208, 2008, the Defendants discovered that the construction site of the △△ department store located in Busan Magu-dong, Busan Magu-dong, which was the head of the news culture department, had been found to have been mixed with cement, and the victim Da5, the head of the above site management division, stated that the victim c5, who was the head of the above site management division, "the high water in the field, shall not be immediately deducted from sewage," and tried to affix a photograph, etc. to articles or file a complaint, the Defendants followed the victim's request that "I will go back again," and the victim "I will go again at the next site." On December 29, 2008, the Defendants did not inform the victim of the above fact that "I would have opened the office again, cooperate," and "I would have changed the environment-related purchaser's request to do so."

The Defendants, in collaboration with the C4 as above, received KRW 220,000,00 from the victim frighten who frightened the victim as a book purchase price, and received KRW 5,350,000,00 in total from the above date to January 22, 2009 by the above method, as shown in the attached crime sight table (1) (Omission), as shown in the above method, from the victims on 12 occasions, under the pretext of the price for book purchase, newspaper subscription fees, etc.

나. 피고인들은 2009. 2. 10.경 부산 부산진구 개금동에 있는 ▲건설 고속철도 공사현장을 찾아가 위 현장 관리과장인 피해자 김C6에게 “비산먼지가 많다. 이렇게 공사하면 민원이 발생한다. 다른 업체에서도 민원이 발생하였다”라고 말하고, 피해자로부터 “잘 좀 봐 달라”는 부탁을 받자, 피해자에게 “우리 신문사가 오픈한지 얼마 되지 않아 사정이 어렵다. 홍보물제작 명목으로 찬조를 좀 해달라”고 요구하는 등 그 요구에 응하지 아니하면 위와 같은 위법사실을 기사화하거나 고발할 듯한 태도를 보임으로써 겁을 주었다.

The Defendants jointly and jointly received KRW 1,100,000 from the victims who frightened the victim as above in terms of the production cost of promotional materials around February 27, 2009, from February 12, 2009 to October 30, 2009, the Defendants received KRW 15,450,000 in total from the victims under the pretext of promotional material production cost, newspaper subscription fee, etc. for 42 occasions, such as the entry in the attached list of crimes (2).

3. Defendant Kim Gl

(a) Violation of the Punishment of Violences, etc. Act;

On October 2009, the Defendant was detained by the LA around the end of October, 2009 due to a separate attack, etc., and a person needs to move together at the construction site, and the Defendant found Kim C7 as the head of the news report department, and decided to accept money and valuables under the name of the subscription fee, etc., by finding companies vulnerable to environmental issues.

On December 2009, the Defendant found the ‘C7' industry of the C8 operation of the victim Seosan-dong 3, 2009, and found the victim that he was a newspaper reporter, and did not provide money or goods such as “I are exposed to the environment. I do not cause a civil petition. I do not seem to gather illegal facts in a newspaper, publish it in a newspaper, or file a complaint with related agencies.”

The Defendant, in collaboration with KimC7, received 50,000 won under the name of oil value, etc. at the request of a food victim who frightened the victim as above, and received 50,000 won from the food victim.

(b) Magion;

(1) 피고인은 2010. 1. 5.경 부산 남구 감만동에 있는 ★산업개발 ♤대교 건설현장을 찾아가 위 현장 관리과장인 피해자 민C9에게 “공사는 잘 되느냐, 민원은 발생하지. 않으냐”라고 말하고, 계속하여 “신문사를 창간했는데, 회사 운영이 어렵다. 광고비 명목으로 찬조를 좀 해 달라”고 요구하는 등 그 요구에 응하지 아니하면 위 현장에서 발생하는 위법사실을 기사화하거나 고발할 듯한 태도를 보임으로써 겁을 주었다.

The Defendant, as above, was delivered KRW 300,000 as advertising expenses to the victim who frightened the victim and fright, around January 8, 2010.

(2) On February 2010, the Defendant found a construction subway construction site located in the Busan metropolitan traffic Daegu, 2010, and, on the other hand, found the victim C10, the head of the above field management team, “the public corporation will be well or there is no civil petition.” On the other hand, the Defendant continued to have opened the newspaper company, which is difficult to operate the company. In the event that the Defendant did not comply with the request, such as the request to “the request to change the title of the advertisement expenses,” she considered the attitude that the Defendant would have reported or accused the illegal facts that occurred in the above field.

Around February 8, 2010, the Defendant got 300,000 won as advertising expenses from the victim who frightened the victim and frightened the victim.

(2010 Highest 1637)

1. 피고인들은 2009. 9. 중순경 부산 해운대구 재송동 ①에 있는 ♧ 주식회사 & 신축공사 현장을 찾아가 위 현장 관리부장인 피해자 권C11에게 자신들의 인터넷신문에 게재된 다른 공사현장에서의 위법사실에 대한 보도내용을 보여주면서 “환경문제와 관련된 위법사항을 적발하는 보도활동을 하고 있는데, 찬조를 좀 해 달라”고 말하는 등 그 요구에 응하지 아니하면 위 현장에서 발생하는 위법사실을 기사화하거나 고발할 듯한 태도를 보임으로써 겁을 주었다.

The Defendants jointly and jointly got 20,000 won from the frighten victim who frightened the victim.

2. On September 2009, the Defendants found a construction site of Yuri-ri, the Busan District Office of the Association of the Y-gun, YL, 7th of the construction site, pointed out the negligence of control over spact equipment, scattering dust, etc., and, if the Defendants did not comply with the request, such as requesting the provision of money and goods as described in the preceding paragraph, they viewed the illegal facts that occurred at the above site as an article or file a complaint.

The Defendants jointly and jointly received a copy of gasoline gas station (40 liter) equivalent to 68,000 won at the market price from the victims of drinking, namely, the fluority of the victim.

(2010고단1843) 피고인 최A은 2009.5.8. 부산 기장군 정관면 YL리에 있는 ▼산업단지와 ◁ 마을간 도로개설공사 현장에서 위 공사를 시행 중인 ◀건설 현장소장인 피해자 홍C13에게 “하천에서 공사를 하면 수질이 나빠질 수 있다.”고 말하는 등 공사현장에서 발생하는 각종 환경문제를 거론하며 이를 기사화하거나 고발할 듯한 태도를 보이면서 “이번에 우리 신문이 창간하였는데 개업식에 화환도 놓아야 하고 사무실에 집기로 구입해야 한다.”고 말하였다.

The Defendant received 50,000 won from the account in the name of the news maximumA, on the pretext of opening of business and purchasing expenses for office house, etc. from the food victim who heard such horses, and received 50,000 won from the news victim.

(2010 largeest 1906) Defendant LA, around 13:00 on January 200, 209, sent an attitude that Defendant LA demanded 500,000 won under the name of a press company's establishment of a Do environmental industry office, which is a waste disposal business entity operated by the victim C14, located in Busan Northern-dong (hereinafter referred to as "victim 14"), and if not complying with the demand, Defendant A was aware of the illegality of the Do environmental industry, thereby publishing it into an article or filing a complaint. Defendant LA received 300,000 won from a food victim, which was frighted (2010 largeest 2126).

1. At around 14:00 on December 200, the Defendants, who was the head of the news culture department, found a construction Dong/Eup office located in the NYriri-dong, Changwon-si, Changwon-si, Seoul Special Metropolitan City around 14:0, and opened one copy of each of the Defendant’s news name to the safety of the victim and the head of Kim C16, who was the head of the Dong-gu, Seoul Special Metropolitan City, and held that “the director-general has been the same for a long time as the Defendants’ news.” The Defendants took photographs of office away and waste pictures while talking about the environmental issues regarding scattering dust generation, and took the attitude of checking the site at the construction site.

The Defendants and the Da4 received 200,000 won at the dredging site located in the Dong-Eup Do, Changwon-si, a 200,000 won from the same office, which is located within one kilometer away from the same office.

As a result, the Defendants received property by harming the victim jointly with the C4.

2. At around 15:00 on December 208, the Defendants found the dredging aggregate gathering site office in Changwon-si, Changwon-si, Changwon-si, Seoul Special Metropolitan City, which was located in the BP Ri of Dong-si, and tried to look at the defendant's news name at Dac15, one by each one, each of the defendants's news name to the victim, and " why is why is not taken out", "the company does not open a newspaper and dice back to the site, and have the director of the bureau come back to the site," and "if the victim "if you get out of the person?" and "if you want to get out of the site, it was said that the victim would have taken photographs around the site for about 10 minutes, etc., and that he was frighted or accused of the unlawful facts arising from the above site.

The Defendants jointly with the C4, as seen above, were frightened by causing the victim to attacked, but the Defendants did not receive the property but did not receive the property.

3. On March 15, 2009, the Defendants found at the place under the above Paragraph 1 above, and sent the victim’s safety and the head of Kim c16, stating that “at the speed of match” was “at the speed of match,” and expressed the attitude that they reported or accused the illegal facts that occur at the scene, such as the crime under Paragraph 1.

The Defendants, as seen above, were delivered one sheet of oil 40 litres from the victim who frightened the victim, namely, the market price of the 56,000 won via 40 litress.

(2010 Highest 2921)

1. On August 208, 2008, Defendant LA, along with KimC, collected asbestos, glass sculptures, etc. which cannot be carried in as construction waste from an enterprise office located in the Nam-gu, Nam-gu, Busan, and threatened the relevant agency with the same attitude to file a complaint. Accordingly, Defendant LA, jointly with KimC, received KRW 200,000 as meal expenses immediately from the victim who fright to drink it.

2. On November 2008, the Defendants took the same attitude that they should catch the drug points of the above companies to file a complaint with the relevant agencies, and threatened the victim c17. Thus, the Defendants jointly received KRW 2 million immediately from the victims of drinking, as the cost of creating the Internet newspapers, and then interfered with the amount of KRW 750,000 in total from the victims during May 2009, as shown in [Attachment 3 (Omission)] Nos. 3 through 12 of the List of Crimes (2010No3721) from the victims. (2010No3721) Defendant LA appears to be the head of the news report of the corporation, Kim C is the head of the N News, and WC 18 as the director of the Busan Regional Bureau of the Busan Regional Bureau of the corporation, which is the director of the Busan Regional Bureau of the corporation, who is vulnerable to the environmental issues.

1. 피고인 최A 및 김C, 여C18의 피해자 유C19에 대한 폭력행위등처벌에관한법률위반 (공동공갈) 피고인 최A은 김C, 여C18과 함께 2008. 8. 2. 15:00경 부산 사하구 다대동 에 있는 '주식회사 '제3공장 공사현장 사무실로 찾아가, ◆신문 기자임을 밝히면서 현장에서 유해물질인 석명이 배출되는 장면을 사진으로 찍은 후 그곳 공장장인 피해자 유C19에게 “석면을 이렇게 처리하면 되느냐"라고 말하면서 “환경관련 도서를 구입해 달라”고 요구하고, 이에 응하지 아니하면 위와 같은 위법사실을 기사화하거나 고발할 듯한 태도를 보임으로써 겁을 주었다.

Defendant LA, KimC, and LC18 jointly shared with the victim as above, and they received KRW 500,000 in cash from the victim who frightened the victim at around 19:00 on August 4, 2008 at the “E frequency” located in the same Dong, and received alcohol and meals equivalent to KRW 110,00.0 won.

2. 피고인 최A 및 김C, 여C18의 피해자 박C20에 대한 폭력행위등처벌에관한법률위반 (공동공갈) 피고인 최A은 김C, 여C18과 함께 2008. 8. 7. 15:00경 부산 영도구 봉래동4가 #에 있는 '㈜□' 본사 총무부 사무실로 찾아가, 그곳 총무부장인 피해자 박C20에게 ◆신문 기자임을 밝히고 위 공사현장에서 촬영한 사진을 제시하면서 “석면을 이렇게 처리하면 되느냐”라고 말하면서 “환경관련 도서를 구입해 달라"고 요구하고, 이에 응하지. 아니하면 위와 같은 위법사실을 기사화하거나 고발할 듯한 태도를 보임으로써 겁을 주었다. 피고인 최A 및 김C, 여C18은 공동하여 위와 같이 피해자를 공갈함으로써 이에 겁을 먹은 피해자로부터 2008.8.13. 14:47경 '◇일보’ 명의의 *은행 계좌(418-XXXXXX-XX-003)에 도서대금 명목으로 600만원을 송금받았다.

Summary of Evidence

(2010 Highest 1159)

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each protocol of examination of the suspect about the preceding C4 and KimC7 by the prosecution;

1.A written statement of the police record on the police officer's statement of 1.1, Mad1, Mad1, Mad1, Mad1, Mad12, Mad13, Da10, Dad14, Dad15, Mad16, Mad16, Mad12, Mad13, Dad10, Dad14, Dod15, Mad16, Mad17, Mad17, Mad17, Mad17, Mad17, Mad17, Mad18, Da3, Dad19, Mad19, Mad21, Mad222

1. Investigation reports (attached specifications of financial transactions);

1. Each investigation report (Attachment to a e-mail record);

1. A report on investigation;

1. Each investigation report (to hear statements from victims);

1. Investigation report (to attach tax invoices);

1. Each investigation report (attaching text messages);

1. Investigative reports (Attachment of letters of financial transaction associations);

1. Each investigation report (a copy of the victim's statement);

1. Each investigation report (the attachment of a deposit list);

1. An investigation report (a copy of the statement of witness);

(2010 Highest 1637)

1. Defendants’ respective legal statements

1. Examination protocol of Defendant Kim A1 by prosecution

1. Each police suspect interrogation protocol against the defendant last A;

1. Statement made by the police in relation to Park C12, Da11;

1. Investigation report (to hear statements of witnesses and to attach copies of statements);

1. A report on investigation (affixing a name tag);

(2010 Highest 1843)

1. Defendant LA’s legal statement

1. Police suspect interrogation protocol of the accused;

1. Statement made by the police against HongC13;

1. Investigation report (a copy of tax invoice);

(2010 Highest 1906)

1. Defendant LA’s legal statement

1. Examination protocol of the accused by prosecution;

1. Statement made by the police against thisC14;

(2010 Highest 2126)

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police officer's statement about Kim Dal16, Gangnam15;

(2010 Highest 2921)

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of the defendant last A by the prosecutor;

1. Examination protocol of the prosecution against Kim C;

1. Police suspect interrogation protocol against Defendant Kim A1

1. The statement by the police against thisC3, GD6, KimD25, C17, Kim D26, and Yang D27

1. Each name box;

1. Each protocol of seizure;

(2010 Highest 3721)

1. Partial statement of the defendant;

1. Some statements of each prosecutor's protocol of examination of the defendant against the defendant;

1. Each prosecutor's protocol of examination of the suspect about Kim C and C18, which contains some statements;

1. Statement of each police officer made against the C20 and the C19;

1. A copy of a name card, a copy of a receipt without passbook, a copy of account books, and a copy of environmental education donation documents;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (the point of joint conflict, the choice of imprisonment), Article 2(2) and (1)3, and Article 6 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (the point of attempted joint conflict, the choice of imprisonment), Article 350(1) of the Criminal Act (the point of conflict and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution (Defendant KimA1)

Article 62(1) of the Criminal Act (Taking into account the circumstances such as the absence of any particular criminal force other than the violation of the Road Traffic Act, the degree of participation in the crime in this case is not relatively much severe, and the depth of the mistake is against

1. The community service order (defendant Kim A1)

Article 62-2 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges and worships