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(영문) 광주지방법원 순천지원 2018.02.28 2017고정16
공갈미수
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant knew the occurrence of a traffic accident between one’s small mother C and the victim D (60) who is an individual taxi engineer, and used it to attract money and valuables from the injured person by giving a license cancellation or penal punishment to the injured person due to the accident.

Around 14:00 on June 21, 2016, the Defendant, at the F Hospital parking lot located in E on June 21, 2016, had shown the same attitude that the victim would be at a disadvantage, such as revocation of a license or criminal punishment, if he/she did not agree with himself/herself, on the following: (a) he/she tried to fright the victim, such as the list of crimes in the annexed crime list, and take money and valuables, and (b) the victim did not have the intent to do so, but did not have to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. Copy of the statement of the victim, such as transfer of the traffic accident case (the victim's statement protocol and the suspect examination protocol);

1. Entics (including name cards) and diagnostic instruments attached to the petition;

1. Character messages attached to the petition;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article of the Criminal Act and Articles 352 and 350 (1) of the Criminal Act (generally, selection of fines) concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [referring to the threat of harm and injury likely to be frighten to the extent that it limits the freedom of decision-making or interferes with the freedom of decision-making, and the realization of harm and injury notified here does not necessarily require that it is unlawful.

That is the realization of the right by malicious notice.

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