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(영문) 대구지방법원 서부지원 2017.09.21 2017고단11
공갈
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In around 2010, the Defendant filed a civil suit several times with regard to the payment of the construction cost under the subcontract for the new factory construction works of the Daj's old-gun D's old-age D'(59) by the victim C(59). Ultimately, the Defendant’s withdrawal of various lawsuits under the condition that the civil construction works are completed and agreed to pay a penalty of KRW 20 million when the Defendant violated it.

By intimidation, I tried to keep money out of money.

On October 10, 2015, the Defendant displayed an I construction site photograph stored in his/her mobile phone to H, a person in charge of the construction site of the aforementioned factory of the victimized person in Seo-gu, Daegu, Seo-gu (F), the Defendant: (a) on October 19:00; and (b) on September 1, 2015, put the sphere of the sphere onto the sphere;

B. I want to do so, and I think that I think about H weather, and I see today.

Under the above, the victim threatened the victim to the effect that he would file a civil petition without paying KRW 40 million, by stating that he/she would not complete the civil petition when he/she enters the elderly military office, and that the civil petition will not be completed when he/she enters the military office, and that in order to prevent him/her from entering, he/she would have to request the amount of KRW 40,000,000,000.

As above, Defendant 1 conspiredd with the victim, but did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and H;

1. Application of Acts and subordinate statutes of each prosecution and police statement protocol to C and H;

1. Relevant provisions of the Criminal Act and Articles 352 and 350 (1) of the Criminal Act concerning the choice of criminal facts;

1. Grounds for conviction under Article 62 (1) of the Criminal Act;

1. Defendant's assertion;

A. The Defendant met H on October 2015, as stated in its reasoning, and put H on “Serop at the construction site of any so-called “Serop.”

People are slick.

In order to prevent the entry, money is necessary.

Although the facts stated “ are true,” the facts charged are substantive.

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