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(영문) 인천지방법원 부천지원 2016.03.25 2015고정1052
공갈미수
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who works as an employee in the “C” as an agent for delivery in the Oral-Gu, Oral-si B.

On July 4, 2015, the Defendant: (a) discovered that the victim F ( South, 14 years of age), the victim G ( South, 15 years of age) was getting off and getting out of Oralba; (b) had the victims get out of Oralba; and (c) had the victims get out of the above “C” office.

On July 5, 2015, the Defendant tried to collect money from the victims of the above office at around 00:00 on July 5, 2015, “if a report was filed with the police, the Defendant would combine the police without a license, with a fine of one million won or more, and the Defendant would bring a fine of 200,000 won or more per annum within three days to the victims of drinking.” However, the Defendant failed to bring the victim G’s father, who was the father of the victim G, to know of such fact, to report it to the police, and failed to commit the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and I;

1. Application of the F and G respective Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 352 and 350 (1) of the Criminal Act concerning the selection of punishment for a crime (opportune selection);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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