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(영문) 대구지방법원 2013.09.11 2013고정1839
공갈미수등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 17, 2013, the Defendant: (a) around 00:30 on March 17, 2013, expressed the attitude that the Defendant would have paid for a singing practice room in the “Ding Kinging practice room” operated by the victim C in Daegu-gu Dong-gu B; and (b) made use of a singing practice room

However, in fact, the defendant thought that he would not pay the charges by threatening the owner of the business to report the sale of alcoholic beverages to the police after using a singing practice room, and there was no intention or ability to pay the fees for the singing practice room and the main station.

As above, the Defendant, by deceiving the victim, received the amount equivalent to KRW 50,000 from the victim’s low alcohol alcohol, and received approximately 2 hours and 30 minutes of the price from the victim, and acquired the pecuniary profits equivalent to KRW 50,000 of the price using the singing practice room.

2. Around 03:00 on March 17, 2013, the Defendant, who attempted to go to the instant “Ding machine,” was placed at the said “Ding machine business owner,” and the Defendant was placed at the victim C (the 60-year-older), who was the said karaoke machine business owner, with his/her own address and/or photograph of beer. Before filing a report to the police, he/she had expressed his/her attitude that he/she reported the fact of violation to the police, and had taken the Defendant back money from the victim who was frightening, but the Defendant did not comply with the order and did not comply with the order.

3. The Defendant, on the ground that the victim C (the 60-year-old age) demands the drinking value at the above date, time, and place, had the victim walked once by launching the back, led the victim E (the 50-year-old age) of the said victim, and assaulted the victims by pushing the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C or F;

1. Statement to E by the police;

1. Application of the photographic Acts and subordinate statutes;

1. The relevant Article of the Criminal Act and the fraud of Article 347(1) of the Criminal Act concerning the selection of punishment;

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