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(영문) 의정부지방법원 2012.11.22 2010고정1897
폭력행위등처벌에관한법률위반(공동공갈)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant in violation of the Punishment of Violences, etc. Act (joint conflict) visited the head of the C athletic branch office head of the C&C, and threatened with E to take money and goods for environmental pollution under the pretext of D and magazine readings and advertising expenses, by threatening the company of the C&C to run in a newspaper. On October 2007, G Co., Ltd., located in the Namyang-si F, Namyang-si, to gather news-related civil petitions caused by dust generated from the factory, threatened with H, and seek newspapers and magazines to read, and thereby, led the victim H to read D and magazines, thereby receiving KRW 90,000 from the victim G, thereby getting him/her into a newspaper if he/she did not comply with it.

2. On May 2009, the Defendant found a "JJ's site office located in Nam-si I in the Namyang-si in the middle of May 2009, and at the time, the Defendant called "the victim K, who is the site manager, did not take preventive measures against the occurrence of soil materials at the construction site", and called "D and L", which caused the victim to frightly sell to the victim as if he were to be engaged in the work site D, so that the victim frighted with "L" and "L", which were received from the victim, and 264,000 won from the victim.

Summary of Evidence

1. Statement made by the defendant to the effect that the victims have read any newspaper and magazine in the second trial records;

1. The statements of witnesses H and K in the sixth trial records;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the interrogation of suspects of E;

1. A copy of the bankbook transactions; and

1. Prepaid payment for a year;

1. Business registration certificate;

1. Application of Acts and subordinate statutes governing reporters' evidence;

1. Relevant Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 350 (1) of the Criminal Act (the point of joint conflict), Article 350 (1) of the Criminal Act (the point of conflict), Article 350 (1) of the Criminal Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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