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(영문) 서울동부지방법원 2016.03.17 2015고단4104
공갈등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【The Defendant, on June 20, 2013, sentenced two years to a suspended sentence of eight months to imprisonment with prison labor for a crime of robbery, etc. at the Seoul Eastern District Court, on April 23, 2014, which is in the grace period, sentenced six months to imprisonment with prison labor for fraud, etc. at the same court on September 2, 2014, which became final and conclusive on September 2, 2014, the sentence of the said suspended sentence was invalidated and the execution of each of the said suspended sentence was terminated at the Sungdong Detention House on February 25, 2015.

[Criminal Facts]

1. Around 03:00 on October 21, 2015, the Defendant, at the “△△△△△△△△” music practice place operated by the victim D (the 54 years of age) located in Gangdong-gu Seoul, Gangdong-gu, Seoul, ordered the victim to drink and talk with alcohol for about one hour, and demanded the victim to pay the singing fee, using the victim’s illegal business, “The victim was engaged in the victim’s illegal business, who is demanded to pay the singing fee. There is no sing money, and the victim would have to make a report on a short amount of money.” By threateninging the victim to “The victim, who is drinking, would have no money, would have to do so, demand the Defendant to demand the payment of the singing fee of KRW 74,00,00.”

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

2. Attempted crimes;

A. On August 30, 2015, the Defendant who attempted to go through the Defendant: (a) around 02:00 to 03:00 on August 30, 2015, received a demand from the victim E (32) located in Gangdong-gu Seoul Metropolitan Government to pay for the singing fee after drinking alcohol for about one hour on the part of the victim; and (b) received a demand from the victim to pay for the singing fee after drinking alcohol for about one hour on the part of the victim; (c) whether the Defendant would receive money from the victim while engaging in an illegal and illegal business;

It is reported to the police for illegal business.

“The victim, who threatened the victim, tried to take advantage of property benefits by forcing the victim to demand 43,00 won singinginging to the Defendant, but the victim did not comply with the demand and attempted to take advantage of property benefits. However, the police officer failed to respond to the demand and attempted to move to the scene.

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