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(영문) 인천지방법원 2017.05.12 2016고단3928
폭력행위등처벌에관한법률위반(공동공갈)등
Text

Defendant

A shall be punished by a fine of KRW 10 million, and Defendant B shall be punished by a fine of KRW 5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. The Defendants in violation of the Punishment of Violences, etc. Act (joint conflict) confirmed the victim’s location through G on the ground that they did not repay the victim’s money to the Defendant F (41 tax) and conspired to collect money from the victim by giving the victim hotly.

As above, the Defendants conspired from around 00:30 on September 17, 2015 to around 01:00, up to 01:00, while waiting for G to talk with the victim, Defendant A was out of the inner diameter after having pushed the victim’s breath with the wall, and Defendant B attempted to cut off the victim’s chest with 3 to 4 times on the part of the victim’s chest with the blue blue bbb, and to cut off the victim’s chest with the wind, but did not come out of the wind and attempted to take out the money from the person who was drinking.

2. No person who violates the telecommunications business of Defendant A shall solicit, arrange, mediate, or advertise a contract on the provision of telecommunications services necessary for the use of a mobile communications terminal device on condition that he/she provides or lends funds.

Nevertheless, on June 27, 2015, Defendant A promised to pay KRW 20,000 per unit number if he/she opens a mobile phone to F, and agreed to open a total of eight mobile phones, such as L, J, K, M, N,O, Q, and R, at H, a telecommunications business operator.

As a result, Defendant A recommended a contract for the provision of telecommunications services necessary for the use of mobile communications terminal devices on condition that Defendant A provide funds.

Summary of Evidence

1. Defendants’ respective legal statements

1. To state part of the witness F in the six-time public trial records;

1. The protocol concerning the interrogation of each police suspect against the Defendants, S, and F

1. Each police statement made to T, U, and G;

1. A investigation report (five times a year), and a summary of data (six times a year);

1. Application of Acts and subordinate statutes to each protocol of seizure, list of seizure and photographs of seized articles;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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