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(영문) 부산지방법원 2018.04.25 2017고정2409
공갈등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 13, 2016, around 22:00, the Defendant, at the main point of “D” operated by the Plaintiff C (54 tax) B in Busan Northern-gu, Busan (54 tax), brought an empty beer’s disease into his/her hand and her fingers, “not to reduce the drinking value”, and the Defendant, at the same time, frighted the victim by threatening him/her to go with his/her will, such as threatening the victim with his/her will toward the victim.

As such, the Defendant got the victim to attack, and received an amount equivalent to KRW 27,00,00, such as beer, from the person suffering from drinking, in a way that does not recognize the drinking value.

2. The Defendant interfered with the business of the victims by avoiding the disturbance of about 30 minutes, such as having the victim C and E, who demanded the principal in the above time and place as above, and interfering with the restaurant business of the victims.

3. In the above time, place, the Defendant’s insultd the victim C and E in the presence of the victim F, who sees as the restaurant customer F, at the above time and place.

As a result, it is the death of today, that we can not see the money, spath, fry, fry, frying the police as soon as possible, friend, friend, friend, friend, friend, friend, friend, friend, old age, and friend, and friend, i.e., f., f., sexually insulting victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 350(1) of the relevant Criminal Act concerning the facts constituting an offense (the point of conflict), Article 314(1) of the Criminal Act (the point of interference with business) and Article 311 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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