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(영문) 대구지방법원 2015.08.26 2014고정3071
공갈등
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

1. The Defendant, who will be a public official, written the written indictment in September 2014, appears to be a clerical error, although the written indictment is written as a "Policeman on August 2014."

At 01:00, the victims D(49) and F(F) on the Daegu Dong-gu C and 5th floor were to pay KRW 70,000 to the victim E, and the victim E was to pay KRW 70,000,000 after having received a marina, and then reported it to the police and to make it impossible to operate the business.

As can be seen, the Defendant: (a) sent 70,000 won to the above victim who frighted and fright thereto; (b) from the end of August 2, 2014 to September 22, 2014, and (c) received 220,000 won in total from four occasions as indicated in the list of crimes in attached Table 1, 4, 6, and 7.

2. On August 11, 2014, the Defendant interfered with the business of the Defendant: (a) refused the victim’s refusal to see and see her visibility in Daegu Dong-gu, Daegu-gu and 16:00, and “I” operated by the victim H(the age of 46) on the third floor; and (b) thereby obstructing the victim’s business by abusing about 15 minutes of the disturbance, such as “I see why I she will see she will see shes shes shes shes shes and shes shes shes shes shes shes shes shes, and return shes shes hers shes shes shes shes shes, thereby obstructing the victim’s marina business by force; (c) around that time, the Defendant interfered with the victim’s business by force on six occasions, such as the list of offenses Nos. 2,3,5,8,9,10.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Each legal statement of witness D, J and H;

1. The police statement of K;

1. Lritten statements;

1. Investigation report (related to the time of crimes of a suspect);

1. Application of the Acts and subordinate statutes on the surface of CCTV afforestation;

1. Relevant provisions of the Criminal Act and Article 350 (1) of the Criminal Act (the point of conflict and the selection of fines) concerning the facts constituting an offense, and Article 314 (1) of the Criminal Act (the point of interference with business and the selection of fines);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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