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(영문) 수원지방법원 안산지원 2014.07.23 2014고단1145
폭력행위등처벌에관한법률위반(공동공갈)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On February 2012, the Defendant: (a) conspiredd to receive a refund of the singing room fee by abusing the fact that it is highly likely that the Defendant would not report to the police even if he/she was injured by an illegal business, such as selling alcoholic beverages, etc., at a place where it is not known with C at the end of the time; and (b) in the case of singing room business, he/she is engaged in illegal business, such as selling alcoholic beverages, etc.,

The Defendant, along with C, found in “Esing” located in D at the same day, and the Defendant, if the Defendant did not refund KRW 80,000,000,000,000 paid by C to the victim F, who is the business owner of the said singing room, he would report the victim’s illegal business to the police, and C formed a pressure on the Defendant’s side, but C waiveded the Defendant to receive the refund of the singing fee in excess of the victim’s statement that was known to, and known to, the Defendant.

As a result, the defendant, in collaboration with C, tried to take property from the frighten victim, but did not bring about such intent, and did not commit an attempted crime.

2. The Defendant, around 05:10 on February 20, 2013, entered the “H singing room” located in Sinsing City, as a customer, demanded the victim I to provide alcohol and gambling services, etc., and enjoy three-hour-hour entertainment with C and J.

Since then, although the Defendant demanded the victim to include additional time in the victim, the Defendant requested the victim to make a prior settlement from the victim, “I must cancel the first set of time, and have a person known to the police station in the inside of the police station, and make a report on the cell phone to the police station in the inside of the cell phone, and b.40,000 won which was already settled by the b.40,000 won.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Police in relation to C.

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