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(영문) 부산지방법원 2013.03.14 2013고정112
폭력행위등처벌에관한법률위반(공동공갈)등
Text

Defendant

A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

The victim C (L, 69 years old) borrowed the amount of KRW 20 million from D, which was living in the same Dong as that of the two years ago, and thereafter D died of the disease.

around 23:00 on September 18, 2012, Defendants in violation of the Punishment of Violences, etc. Act (joint conflict) found the F main points in the operation of the victim located in Busan Dong-gu, Busan, and collected money from D. However, Defendant A made intimidation, such as “I will do so in the face of the loss,” and Defendant B neglected to pay the money to D. However, Defendant A’s refusal to pay the money.” Defendant B neglected to force, “I will do so in the face of the loss.”

As a result, the Defendants shared with the victims, but refused to pay the money by the victims.

B. Defendant A’s damage to property on September 18, 2012: (a) around 23:50.

Although the victim was to collect money from the victim at the location of the port of claim, the victim had already paid and refused to pay the money, which caused the damage to the victim's market price, which was caused by the main toilet door.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to C, G, and H;

1. Application of Acts and subordinate statutes to attach copies of books;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 6, 2(2) and 2(1)3 of the Punishment of Violences, etc. Act, Articles 350(1) and 366 of the Criminal Act;

(b) Defendant B: Articles 6, 2(2) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 350(1) of the Criminal Act

1. Selection of each alternative fine for punishment;

1. Aggravation of concurrent crimes (Defendant A) Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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