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(영문) 대전지방법원 2016.09.30 2016고정790
폭력행위등처벌에관한법률위반(공동공갈)
Text

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

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

Reasons

Punishment of the crime

On March 8, 2016, the Defendant and C: (a) around 01:30 on March 8, 2016, the Victim E operated by the victim E in Seo-gu Daejeon, Seo-gu, Daejeon: (b) demanded the victim to place an order for the alcohol and the alcohol, and (c) demanded the victim to do so, and (d) the Defendant and C sing the alcohol with two female actors for about one hour.

The Defendant and C claimed KRW 190,000 due to the drinking value, etc., and C talks with the victim about the illegal business that caused drinking and gambling to the victim and received KRW 5,000 from the victim “5,00,000.”

In other words, whether the police report is made or not.

The defendant tried to obtain pecuniary benefits equivalent to KRW 1.90,00,00, including the drinking value by threatening the victim by threatening the victim by showing the same attitude that the victim would have to report to the police according to C's direction. However, the police officer belonging to the Daejeon Police Station, who was called upon the defendant's report, had the defendant paid the drinking value to the defendants, thereby allowing the police officer belonging to the Daejeon Police Station to pay the drinking value.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police for E;

1. Records of 112 reported case processing records, CCTV images;

1. The application of Acts and subordinate statutes, such as reporting on the crackdown on suspected violation of the Music Industry Promotion Act (e.g., sale of alcoholic beverages and intermediation of helpers), copy of the business control report, field photographs, etc.;

1. Article 2 (2) 3 and 6 of the Act on the Punishment of Violences, etc. and Selection of Punishment of Specific Crimes, Article 350 (1) of the Criminal Act, and Article 350 of the Criminal Act, the selection of fines;

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

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant reflects the fact that the defendant, the amount that the defendant intended to withdraw is less than the amount that the crime of this case is attempted, the degree of the defendant's participation in the crime of this case is relatively minor, and the victim is relatively minor.

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