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(영문) 대구지방법원 김천지원 2012.10.11 2012고단673
공갈등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Of the facts charged in this case, the prosecution against each of the assaults is dismissed.

Reasons

Punishment of the crime

1. On May 2012, at the early 20:00 on the first 20:0, the Defendant brought a bad appearance to the victim who demanded the victim D (the 42-year-old) to drink 30,000 won from the Eitrypter point in the operation of the victim D (the 30,000 won-old) and to pay food and drink.

As such, the Defendant got the victim to attack and let the victim frighten frightly claim the above food cost, thereby acquiring economic benefits equivalent to the same amount.

In addition, the Defendant, from around that time to August 2012, 201, throughout 14 times as shown in the list of crimes in the annexed sheet, had all victims attacked by the same method, and acquired property or property gains equivalent to 216,000 won.

2. Interference with business;

가. 피고인은 2012. 6. 초순 20:00경 구미시 F에 있는 피해자 G 운영의 H주점에서 아무런 이유 없이 손님들에게 “야, 이 씨발것들아, 뭘 봐, 죽인다.”라며 욕설을 하고, 그곳에 있던 의자를 발로 차고, 테이블 위에 있던 맥주컵을 바닥에 집어 던져 깨뜨리는 등 약 20분 동안 소란을 피워 위력으로 피해자의 소주방 영업업무를 방해하였다.

B. On June 10, 2012, around 10:00, the Defendant: (a) expressed, without any justifiable reason, the victim J (the 32-year-old)’s desire to “I am female employees, who wish to engage in the instant work for about 40 minutes, such as “I am, I am dead, I am dead, I do not want to engage in funeral,” and thereby interfered with the victim’s multiple business operations by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning J and L;

1. Each statement of M, N, D,O, and G;

1. Application of Acts and subordinate statutes to photographs of books;

1. Relevant Article 350 (1) of the Criminal Act and Article 350 (1) of the Criminal Act (the point of conflict and the choice of imprisonment), and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

1. The Criminal Act among concurrent crimes.

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