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(영문) 대구지방법원 2013.08.22 2013고정1160
공갈등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 02:00 on January 29, 2012, the Defendant’s summary of “D” operated by the Victim C (Age 31) in Daegu Suwon-gu B (age 31)

In addition to daily behaviors with which the main points of the week cannot be identified, it acquired property benefits equivalent to 1.150,000 won by making food, such as alcohol and alcohol, and by demanding the alcohol value to the victim who has requested the alcohol value, subject to organized violence, such as "Chewing, drinking water, and later, thickness", and showing the same attitude that if the victim does not comply with it, it would inflict any harm on the victim's personal body or interfere with the main business, and caused the drinking victim to pay the above alcohol value by putting 1.1.50,00 won on the part of the victim.

2. On May 1, 2012, the Defendant: (a) sought reimbursement of KRW 7,00,000,000 from the victim G (the age of 21) who was aware of his/her employee while running a prompt reporting business; (b) conducted organized violence in breach of trust against the victim; and (c) conducted organized violence with the victim, the Defendant expressed his/her attitude that “the victim would have had any harm on the victim’s personal body, such as she was able to pay for the 7,00,000,000,000,000,000,000,000 won.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of C, G, and H;

1. Business account books;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant Article 350 (1) of the Criminal Act and Article 283 (1) of the Criminal Act (the point of conflict, the choice of fines) concerning criminal facts, the choice of punishment, and the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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