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(영문) 대전지방법원 2014.12.23 2014고단3729
공갈등
Text

A defendant shall be punished by imprisonment for six months.

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 October 5, 2012, the Defendant is seeking to detect the victim’s “E-sing machine business operator, who is mainly engaged in illegal business,” in the “E-sing machine operation of the victim D (Wing 58 years of age) located in Seo-gu Daejeon, Daejeon.” The Defendant intended to help the victim not to be at issue if it appears well.” The Defendant ordered the victim to provide entertainment in an amount equivalent to 123,000 won at the market price after having been provided with the victim with an entertainment, singing, and singing, and then ordered the payment of the price to be paid by the victim. The Defendant continued to pay the price to the victim, i.e., whether it is a funeral, and i., whether it would be the victim’s disadvantage by taking advantage of the reporter’s identity, and, in addition, made the victim demand to pay the amount to be paid to the victim, thereby taking profits equivalent to the amount of property from the victim’s total amount from 30,013 to 201.

2. On November 28, 2012, the Defendant violated the Attorney-at-Law Act: (a) sold alcoholic beverages on September 2, 2012 on the same place; and (b) sold alcoholic beverages on September 2, 2012, and controlled by the Music Industry Promotion Act by violating the Music Industry Promotion Act, the Defendant, in cooperation with a newspaper company’s legal team, will conclude that the Defendant’s enforcement of regulations is complete with the Defendant. The Defendant demanded that there be no meal expenses for an inspection; (c) that there was no meal expenses; and (d) received KRW 300,000 from D to make a solicitation for the affairs handled by a public official by receiving KRW 300,00 from D,

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written statements by prosecution and police officers concerning D;

1. Relevant provisions of the Criminal Act, Article 350 (1) of the Criminal Act (a point of conflict), Article 111 (1) of the Attorney-at-Law Act (a point of receiving money under the pretext of trust), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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