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(영문) 대구지방법원 2013.10.11 2013고정659
폭력행위등처벌에관한법률위반(공동공갈)
Text

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

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

Reasons

Punishment of the crime

On April 16, 2012, the Defendant was sentenced to imprisonment with prison labor for one year in violation of the Punishment of Violences, etc. Act (collectively weapons, threats, etc.) at the Busan District Court on April 24, 2012 and the judgment became final and conclusive on April 24, 20

On November 14, 201, at around 08:00 on November 14, 201, the Defendant: (a) placed in the “F” point operated by the victim E (the 34 years of age) in Sinsan-si (the 34 years of age); (b) placed in the “F” point of “F” point of “F,” indicating that he/she had a letter to his/her main employees, and expressed his/her intent to commit violence; and (c) was provided by the victim with both jun and junan, etc.; and (d) demanded the victim to pay 1740,000 won of the drinking value from the victim; and (e) the victim called “in the same Gu, and

The defendant, B, C, and 2 persons without a name are the victims of this case, and the victims of drinking, who are frighten of this case, were frightened to claim the above drinking value, thereby acquiring financial benefits equivalent to the above amount.

In this respect, the defendant acquired financial benefits by joining the victim B, C, and 2 in cooperation with the victim.

Summary of Evidence

1. The suspect interrogation protocol of some police officers against the defendant;

1. Some police interrogation protocol regarding B;

1. Each police statement of E and G;

1. A copy of the account amount receivable;

1. Previous records: Criminal records and application of statutes governing judgment;

1. Relevant Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. for Criminal Facts, and Article 350 (1) of the Criminal Act;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

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

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