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(영문) 대전지방법원 서산지원 2018.04.19 2017고단1084
폭력행위등처벌에관한법률위반(공동공갈)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant was sentenced to imprisonment with labor for two years and ten months at the Seosan Branch of the Daejeon District Court on November 30, 2017 and the Defendant’s appeal on December 7, 2017) and the period that the Defendant came to know while working together at a limited partnership company of Gwangju-si around July 2015.

1. 폭력행위 등 처벌에 관한 법률위반( 공동 공갈) 피고인은 2016. 1. 16. 경 B과 함께 C 카 렌스 승용차를 타고 서산시 소재 유흥가 밀집지역을 배회하면서 술을 마시고 운전하는 사람들을 상대로 고의사고를 낸 후 음주 운전 사실을 경찰에 신고할 것처럼 겁을 주어 합의 금 명목으로 돈을 받아 가로챌 것을 공모하고 범행대상을 찾던 중 서산시 D 상가 근처 도로에서 피해자 E(45 세) 이 술에 취한 상태로 F 마 티 즈 승용차를 운전하는 것을 발견하였다.

Accordingly, the Defendant: (a) driven the said car free on the basis of B’s head; (b) driven the said car free on the same day by driving the said car free on around 04:05 on the same day; and (c) caused a traffic accident by taking the front door and door door of the said car free on the road of the said car free on the road of the said car free on the front door of the Hastur Shell, and caused the said car free on purpose; (d) the Defendant, along with B, set the victim fright to report the driving of the said car to the police as if he reported the fact of driving the car to the police; (c) however, the Defendant did not have the intent to reject it, but did not have attempted to do so.

As a result, the Defendant, together with B, withdrawn money from the injured party, but did not bring about such intent and did not commit an attempted crime.

2. The Defendant and B intentionally caused a traffic accident, such as the entry in paragraph 1(a) around January 17, 2016, and thus, despite the fact that the Defendant’s CKaren car was damaged and was not damaged due to the negligence of E, the Defendant and B applied for insurance proceeds as if the Defendant were damaged and suffered an injury due to the negligence of E.

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