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(영문) 부산지방법원 동부지원 2014.05.01 2013고단1116
공갈등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. At around 23:50 on March 12, 2013, the Defendant threatened the victim by saying, “The victim D(24 years of age) who was an employee of the said main shop and was in a timely dispute with the victim’s D(24 years of age)” on the ground that the Defendant had drinking alcohol prior to the point of the C main office located in Busan Southern-gu, Busan-gu, 2013.”

2. After drinking alcohol at the time and place specified in Paragraph 1, the injured Defendant 1 took one time every side of the victim’s right side glass, etc. on the ground that the victim demands calculation of the drinking value from the stairs of the above main point, and followed the victim to get out of the main point to get out of the victim so that the victim could get out of the main point to get out of the victim, the injured Defendant saw the victim into the part of the victim’s face from the main point calculation for about eight weeks, and saw the victim to take out the part of the victim’s face from the main point calculation for drinking.

3. While the Defendant, at the time and place specified in Paragraph 1, was required by D, an employee of the victim F, to calculate the drinking value, the Defendant assaulted D as above, and committed an assaulting the victim, “I will remove it. I will see it today. I will see it. I will see it. I will see it. I will see it. I will see it.”

As such, the Defendant aided the victim, and caused the victim to feel 490,000 won of the drinking value, and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D or F;

1. A written diagnosis of injury;

1. Application of the receipt statute

1. Relevant provisions of the Criminal Act, Article 283(1) of the Criminal Act that applies to the crime, the choice of a sentence, Article 257(1) of the Criminal Act, Article 350(1) of the Criminal Act (the point of threat, the choice of imprisonment), Article 350(1) of the Criminal Act;

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

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