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(영문) 서울동부지방법원 2013.12.11 2013고단2627
폭력행위등처벌에관한법률위반(공동공갈)
Text

Defendant

A Imprisonment with prison labor for one year, for ten months, for each of the defendants C and D, for eight months.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A and B from M on July 9, 2013, “I would have no way to receive money from N in Korea with the knowledge of it?” The N accepted the request for debt collection, and “I would like to receive 48 million won of the outstanding amount of credit from theO operating the L in Seoul because there are documents related to the credit, I would like to call the phone and instruct the Defendant C and D to have both n and n to put the documents related to the credit and to force the debtor to pay the debt by exercising their power.”

On July 11, 2013, at around 12:30, the Defendants: (a) discovered in the office of “(P) Q Q Q,” operated by the debtor O located in Seocho-gu Seoul, Seocho-gu, and had the victim R(44 years of age), the representative director of the above company, and the victim S (33 years of age), who was an employee, frighted to force the Defendant by using force, such as “whether there is any O....... are to kill the Defendant without being paid money,” and (b) had the victim S, who was drinking, withdraw 2 million won in cash at the nearby cash withdrawal.

As above, the Defendants jointly joined the victims and 2 million won took place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Some statements in the protocol of the prosecution and police statements of R and S;

1. Application of Acts and subordinate statutes on police statements of M;

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and the selection of a new type of punishment under Article 350 of the Criminal Act and Article 350 of the Criminal Act;

1. Article 62(1) of the Criminal Act of the suspended execution (see, e.g., Article 62(1) of the Criminal Act (see, e.g., the fact that the defendants recognized the mistakes of the defendants, the amount that the defendants received is small, the defendants deposited 2.

1. Probation (defendant A and B) under Article 62-2 of the Criminal Act;

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