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(영문) 창원지방법원 2013.05.22 2013고정123
공갈
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On September 20, 2012, the Defendant was sentenced to imprisonment with prison labor for six months at the Changwon District Court on September 20, 2012 and the judgment became final and conclusive on September 28, 2012.

1. Around 23:00 as of April 23, 2009, the Defendant ordered the victim C to provide entertainment in the E-ju shop operated by Changwon-si, Changwon-si, which is equivalent to KRW 120,00,00, and took place with an entertainment, and the victim, who is well aware of the nature of his or her musical character, was frighted with an “the thickness of the following drinking value reduction”, and frighted with an frightion.

The defendant had the victim of drinking alcohol, who had the victim of drinking alcohol, concentrate on claiming the above alcoholic beverage price, and acquired the pecuniary benefit equivalent to the same amount.

Accordingly, the defendant acquired property benefits by threatening the victim.

2. At around 22:00 on August 2012, the Defendant sent to the Victim F, the victim F, who was well aware of the victim F’s malicious character of the victim F, who was well aware of the victim F, of the 200,000 won of the 200,000 beer from the H main point operated by the Chang-si G, Chang-si, Chang-si, the Defendant told the victim, stating, “Isk in the inner ceiling, and the thickness to be calculated next.”

The defendant had the victim of drinking alcohol, who had frighten claim for the above liquor price, acquire economic benefits equivalent to the same amount.

Accordingly, the defendant acquired property benefits by threatening the victim.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Each police statement concerning C and F;

1. Previous records of judgment: Criminal records, etc., inquiry reports, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes;

1. Article 350 (1) of the Criminal Act and Article 350 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

4. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

5. Article 334 (1) of the Criminal Procedure Act.

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