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(영문) 서울동부지방법원 2011.09.16 2010고정572
공갈
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant, by taking advantage of the weak points that the Defendant had no choice but to undergo repair or exchange requests from the Defendant due to the image of the department store, in the shop, he was influence in the demand of the Defendant for repair or exchange of clothes, and around 20:0 on March 3, 2009, at “E” store operated by the victim D (30 years of age) located in Seocheon-gu, Seocheon-gu, Seocheon-gu C department store, Seoul, and around 10 years after which he was unable to provide AS, and at the department store, he was able to repair unconditioned clothes at the service level at the service level and at the department store, and was able to avoid a disturbance that prevents other customers from being repaired for about one hour, the Defendant stated the repair cost and 10,000 won in total by using the drug points of the department store, including 6,00 won and 108,000 won in total, and 100,000 won in the department store, including the repair cost and 10,0.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of the witness D, F, G, H, I, J, and K;

1. Each police statement made to D or F;

1. Each statement of G, H, I, J, K, L, M and N;

1. Application of Acts and subordinate statutes to the investigation report (influence No. 120 of investigation records);

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with the punishment stipulated in Article 50 [aggravating Crimes against D (No. 5 per annum of the list of crimes) with the largest crimes];

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The Defendant’s instant crime of sentencing under Article 186(1) of the Criminal Procedure Act is an intelligent crime that uses the characteristics of the department store store where the Defendant is bound to take account of the Defendant’s demand due to the image of the department store if the Defendant scams and scamscams in the store. The number of offenses exceeds 10 times.

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