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(영문) 창원지방법원 2015.04.23 2014고합314
공갈등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On April 4, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Changwon District Court’s Busan District Court’s assistance, and completed the execution of the said sentence on July 19, 2012.

【Criminal Facts】

The defendant committed the following crimes in a state that the defendant lacks the ability to discern things or make decisions due to alcohol dependence.

1. Disturbing victims C with each other and interfering with their duties;

A. The Defendant, under the influence of ordinary speech, avoided disturbance to the “E Council members” located in Changwon-gu, Changwon-si operated by the victim C(55 years of age) who is a high school, and demanded the victim to pay the alcohol value or rent, and received money of KRW 30,000 or KRW 50,000 from the victim who may interfere with the operation of the Defendant hospital.

(1) On November 22, 2014, the Defendant found E won while drunk around 13:20 on November 22, 2014, and demanded the victim to use the money at the alcohol level or at the tea level. The Defendant showed an attitude that the victim would interfere with the hospital business if the victim did not pay money.

The Defendant received KRW 30,00 from a frighten victim, namely, a 30,00 won from the frighten victim.

(2) On November 25, 2014, the Defendant found E won while under the influence of alcohol around 13:00 on November 25, 2014, and demanded the victim to use the money at the alcohol level or at the tea level. The Defendant showed an attitude that the victim would interfere with the hospital business if the victim did not pay money.

The Defendant received KRW 50,00 from the frighten victim, namely, 50,00 from the frighten victim.

(3) On November 28, 2014, the Defendant called the victim around 10:00 on November 28, 2014 to the effect that “Around November 28, 2014, there is no difference between the victim and the investigation and criminal circles of the Jinhae Police Station, and the victim did not want to go to the Minsan.” The Defendant showed the attitude of obstructing the hospital’s business if the victim did not pay money.

The defendant is hotly drinking.

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