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(영문) 대구지방법원 포항지원 2015.01.28 2014고단1245
공갈등
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

1. On May 21, 2013, the Defendant interfered with business: (a) around 06:48, at the “E restaurant” operated by the victim D in South-gu, Nam-gu, the Defendant: (b) placed the victim’s refusal to drink alcohol to the Defendant; (c) placed the disturbance on the part of the victim’s refusal to drink; (d) 20 minutes of the victim’s refusal to drink, she was unable to enter the restaurant; or (d) let the customers who had entered the restaurant enter the restaurant for about 20 minutes, by putting the victim’s refusal to drink the alcohol to the Defendant; or (e) let them leave the restaurant.

In addition, from around that time to October 21, 2014, the Defendant interfered with the victims' business operations by force over 15 times in total, such as the list of crimes in the attached list of crimes.

2. On March 14, 2014, the Defendant: (a) around 21:23, 2014, the Defendant: (b) carried a pedact, such as drinking alcohol at a “H” restaurant managed by the victim G in Nam-gu, Nam-gu, Seoul; and (c) carried a pedact to customers without any reason while drinking alcohol at the “H” restaurant.

이에 피해자가 피고인을 돌려보내기 위해 피고인에게 술값 20,000원을 달라고 하였으나 피고인은 피해자에게 “씨발놈아, 돈 없다, 알아서 해라.”라고 말하고 피해자에게 계속 욕설을 하고 때릴 듯이 시늉하며 겁을 주어 이에 겁을 먹은 피해자로 하여금 대금 청구를 단념하게 하였다.

Accordingly, the defendant acquired property benefits by threatening the victim.

3. On August 6, 2014, around 23:43, the Defendant was able to avoid disturbance, such as entering the house of the victimJ located in Nam-gu, South-gu, and taking a bath for about 20 minutes from the house to the house of the victimJ.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on K, L, M, N,O, D, P, G, J, Q;

1. Application of Acts and subordinate statutes to report internal investigation (related to photographing photographs of places where the suspect has acted);

1. Article 314 of the Criminal Act concerning criminal facts and the choice of punishment

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