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(영문) 서울서부지방법원 2013.05.14 2012고단2171
폭력행위등처벌에관한법률위반(공동공갈)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to eight months of imprisonment by violating the Punishment of Violences, etc. Act at the Seoul Central District Court on June 2, 2006 and completed the execution of the sentence at the Seoul Detention Center on December 9, 2006.

【Criminal Facts】

around March 2007, the Defendants purchased a long-term extraction from the victim JJ operating the health source in the name of Defendant A’s wife G and the Eunpyeong-gu Seoul Metropolitan Government H “I,” and expressed that they would like to open the body as if the body was open, be hospitalized at the hospital, and then borrow the agreement from the victim.

Accordingly, on March 22, 2007, Defendant B and G were found in the above I and ordered the victim to extract the length from the victim. Defendant B was hospitalized in the hospital by drinking the length extraction amount that the victim left after the following day, and was hospitalized in the hospital as if the victim was forced to escape, Defendant A was hospitalized in the hospital. Defendant A called “B was hospitalized by drug addiction,” Defendant A called “B was hospitalized in the broadcasting station due to drug addiction,” which was called in the broadcasting station, and reported to the Gu office hygiene department and report to the Food and Drug Administration.”

The Defendants and G threatened the victim as such, and Defendant B transferred 1.8 million won to Defendant B’s account on March 27, 2007, and G received 7 million won directly from the victim on March 28, 2007 as agreed money, and continued to receive 200,000 won from the victim on March 29, 2007, on the ground of personnel expenses.

As a result, Defendants and G jointly committed nine million won from the victim.

Summary of Evidence

1. Defendant B’s legal statement

1. Statements made by witnesses B and J in the second trial records;

1. The prosecutor's protocol of interrogation of the Defendants (including the substitute part)

1. A petition, a copy of the agreement, or a letter of withdrawal of the complaint;

1. A copy of the deposit slip and a medical certificate;

1. Previous convictions in judgment: Criminal records and investigation reports; and

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