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(영문) 창원지방법원 2014.04.04 2013고정1688
공갈
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 29, 2013, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., in the Sungwon District Court's Sungnam branch, and the judgment became final and conclusive on December 7, 2013.

On April 1, 2012, the Defendant: (a) around 02:00, the victim C (the age of 24) in Kimhae-si (the age of 24) worked as an employee, and (b) the victim demanded the alcohol value of 6.40,000 won at the market price, such as Yangju 2 Disease (the market price of 6.40,00,000 won; (c) threatening the victim to “Isle within the Madro, or within the Madro, within the Madro, Madro.”

However, as a result of the demand for re-performance, the Defendant appears to have the attitude of typical organized violence, and the Defendant made a payment on behalf of the Defendant for the drinking value claim, emphasizing that “I want to die, I would make it possible to reduce later if you calculate the drinking once you calculate it out of the main place,” and the victim continued to demand the drinking value after leaving the place outside of the main place, and then the victim was forced to have a certain harm and injury from the Defendant or violent investigation staff.

Accordingly, the Defendant, as seen above, got the victim to feel 6,40,000 won of the alcohol value claim, thereby obtaining pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous records: Application of criminal records, prosecution records (criminal records and court records) and other Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 350 (1) of the Criminal Act concerning the choice of punishment;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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