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(영문) 창원지방법원 통영지원 2015.06.15 2014고정513
공갈미수등
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. The Defendant and D’s co-principal conduct are F’s heads of fishing village fraternities composed of fishermen residing in G in the city E, and the Defendant was the executive secretary of the same fishing village fraternity. D and the Defendant conspired with the Defendant to take money by taking advantage of the fact that it is likely to cause damage to the community fishing ground due to the new construction work of a gate from the victim H(60 years of age) who newly built a pent in G adjacent to the said common fishing ground of fishing village fraternity.

Around November 20, 2013, the Defendant and D demanded the victim to re-survey on the ground of border invasion at the “J” restaurant located in I, and the Defendant and D showed an attitude that the victim would interfere with the construction by filing a civil petition without giving money to “A person operating the training center in the vicinity, who is able to cooperate with the fishing village fraternity so as to be likely to inflict damage on the common fishing ground of the fishing village fraternity due to the pension construction, and who is 20 million won with the compensation for damage and the village development fund to the fishing village fraternity so that the construction is well carried out by the fishing village fraternity so that the construction is well carried out by the fishing village fraternity.” Even around December 25, 2013, the Defendant and D did not want to withdraw from the victim by re-afusing the victim in the same way as in the same way, and the victim did not refuse to grant money to the victim and did not have attempted to do so.

B. On December 23, 2013, the Defendant solely committed a crime was transferred from the victim at the victim’s seat KRW 2 million, i.e., “The Defendant, who had shown the attitude of obstructing the penting construction, such as the preceding paragraph, at the site of the emergency.”

Accordingly, the defendant was given property by threatening the victim.

2. Determination

A. First of all, in full view of each evidence submitted by the prosecutor, such as health stand, witness H’s legal statement, etc., as to the first facts charged, the Defendant and D’s executive officer of the village fishing village fraternity shall be the damage incurred by H’s pension construction.

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