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(영문) 청주지방법원 2015.07.16 2015고단803
공갈
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 1, 2014, around 01:00, the Defendant, at the “Eju” operated by the victim D (the age of 32) located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, the Defendant her drinking alcohol to the victim, and her drinking alcohol to the victim, “whether the victim is not a shot bar, and not an illegal shot bar,” and her drinking alcohol to the victim, her 300,000 won in total, such as the drinking value.

Accordingly, the defendant acquired property benefits by threatening the victim.

2. On September 26, 2014, the Defendant: (a) around 21:00, at the “H singing practice room” operated by the Victim G (F) in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu; (b) displayed the victim’s certificate of release from the prison by ordering the victim to drinking alcohol and drinking alcohol; and (c) displayed the victim’s certificate of release from the prison; and (d) stated that “at the time of drinking alcohol, 50,000 won is not sold,” and said, 30,000 won was frighted from the victim of drinking alcohol; and (e) took 74,000 won from the victim of the said drinking alcohol; and (e) took care of the victim’s claim for the above drinking value.

Accordingly, the defendant received property or acquired property benefits by threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning G and D;

1. Application of statutes on field photographs;

1. Relevant provisions of the Criminal Act and Article 350 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The Defendant, who was detained on February 3, 2015, committed the crime of indecent act by force and assault during the period of repeated offense for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, committed the crime of indecent act by force during the period of repeated offense, and was sentenced to imprisonment on June 5, 2015 at the Cheongju District Court, and was currently pending in the appellate trial. On March 25, 2015, the Defendant was indicted on June 16, 2015.

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