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(영문) 서울중앙지방법원 2014.11.27 2013고정2083
폭력행위등처벌에관한법률위반(공동협박)등
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Defendant

B The defendant A shall be punished by a fine of one million won, and the defendant A shall be punished by a fine of four million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On February 18, 2013, the Defendants conspired to make a joint criminal act (Fraud) of the Defendants, and obtained pecuniary benefits equivalent to the same amount by failing to pay the said amount by receiving 32,000 won in total from the victim as if they did not have the intent or ability to pay the said amount at the F alcohol house operated by the victim E (58 years of age) located in Gwanak-gu, Seoul Special Metropolitan City.

2. Defendant A’s sole criminal conduct (Intimidation) threatened the victim A with drinking only in a sugar room where the victim E (year 58) demanded the calculation of the drinking value at the same place on the same day as that set forth in paragraph (1) of this Article.

Accordingly, Defendant A threatened the victim.

Summary of Evidence

1. Defendant B’s partial statement

1. The statement of witness E in the third protocol of trial (defendant B);

1. Statement of witness G in the fourth trial record (defendant B);

1. A protocol concerning the suspect examination of the defendant B;

1. Investigation protocol of suspect suspect A against the defendant (as to the defendant A)

1. A written statement of G and E;

1. On-site photographs;

1. Application of Acts and subordinate statutes governing alcoholic beverage value receipts;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant B: Articles 347(1) and 30(1) of the Criminal Act

B. Defendant A: Articles 347(1) and 30(Fraud) of the Criminal Act; Article 283(1) of the Criminal Act; Article 283(1) of the Criminal Act; selection of each fine

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: The portion of not guilty and dismissed of prosecution under Articles 70(1) and 69(2) of the Criminal Act

1. The facts charged [the defendants' violation of the Punishment of Violences, etc. Act (joint intimidation)] on February 18, 2013, on the grounds that the victim demanded the calculation of the drinking value at the F drinking house operated by the victim E in Gwanak-gu in Seoul Special Metropolitan City, the defendant A was the victim at the time of drinking with the sugar located in the relevant carter.

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