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(영문) 부산지방법원 2017.01.18 2015고단5440
폭력행위등처벌에관한법률위반(상습공갈)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of one million won on September 20, 200 to a violation of the Punishment of Violences, etc. Act at the Busan District Court on September 20, 200, and a fine of seven million won on December 24, 2004 to a violation of the Punishment of Violences, etc. Act at the Daegu District Court on December 24, 200.

The defendant shall file a report in the game room.

There is a problem in the game machine or " there is a problem in the game machine".

If the horses, such as “,” etc., wish to raise money by using the circumstances in which the owners of the business, who are likely to interfere with the business, attempt to give and gather small cash.

On June 20, 2012, at around 23:00, the Defendant: “F Gameland” operated by the victim E (one person) in Busan Jung-gu, the victim refused to grant “F Gameland” to the victim; “The victim seems to have reported illegal acts, such as money exchange if he did not give money; the victim threatened the victim and received KRW 100,000 from the victim to February 2, 2015, the Defendant received KRW 21,31,48 per year; and the Defendant received KRW 3680,000 from the victims total amount of 56 times, such as the daily list of crimes (excluding this case, 1,2,9,12 once a year), and the list of crimes (excluding this case, 2, 9, and 12) (excluding this case).

Accordingly, the defendant received property by habitually threatening victims.

Summary of Evidence

1. Each legal statement of a witness G (tentative), H, I, J (tentative name), K, L (tentative name), M (tentative name), E, N (tentative name),O (tentative name), P, Q (tentative name), and R;

1. Each police statement in the statement of the police with respect to I, H, P, K (Gain), Q (Gain), Q (Gain), L (Gain), M (Gain), R (Gain), S (Gain), E (Gain), J (Gain), N (Gain), andO;

1. References to inquiries, such as inquiries about criminal history, and reports on investigation (Attachment to the same type of force);

1. Habitualness of judgment: Application of Acts and subordinate statutes to recognize dampness in light of the records of crimes, period of crimes, methods of crimes, frequency of crimes, etc.;

1. Relevant provisions of the Criminal Act and Articles 351 and 350(1) of the Criminal Act concerning criminal facts (the choice of imprisonment).

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