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(영문) 인천지방법원 2013.07.19 2013고정1727
공갈등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. 공갈 피고인은 2011. 11. 초순경 과일노점상인 피해자 C(69세) 운영의 노점에서 귤을 샀다가 귤 개수가 부족하다는 이유로 “구청에 신고하겠다.”라며 행패를 부리고, 이후 실제로 단속반에 신고를 하여 피해자가 단속되게 한 다음, 피해자가 피고인이 다시 신고할 것을 두려워하고 있다는 점을 악용하여 피해자로부터 돈을 받아내기로 마음먹었다. 가.

On December 2, 2012, when the Defendant stated that “E” in front of the “E” located in the Nam-gu Incheon Metropolitan City, Nam-gu D, the Defendant was issued KRW 30,00 from a food victim who was fright to report on a street store to the Gu office again, and if the Defendant did not accept the Defendant’s requirements, the Defendant was again issued KRW 30,00 from the fright to a food victim.

B. On March 2013, 2013, the Defendant issued KRW 40,00 to the victim at the same place, stating that “I will be prohibited from funeraling on the face of money.” The Defendant was issued to the drinking victim KRW 40,000 at the same place.”

2. Around March 15, 2013, the Defendant: (a) called “30,00 won” to the victim at the above place; (b) decided to withdraw 30,000 won from the victim of drinking fright, who was reported by the victim; (c) and (d) 30,000 won from the victim to the scene; (d) the Defendant attempted to arrive at the scene by the police who was reported by the victim.

3. Around 23:00 at the end of February 2013, the Defendant: (a) at the same place as above, the victim C laid the coordinate on the street, left the platform on the street; (b) opened the platform at the house; and (c) opened a brea mar on the upper floor of the tea, thereby damaging the market share of the victim under the influence of alcohol.

Summary of Evidence

1. Each legal statement of witness F and C;

1. Application of the prosecution examination protocol to the accused;

1. Relevant Article 350(1) of the Criminal Act and Article 352 of the Criminal Act concerning criminal facts, the choice of punishment, etc.

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