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(영문) 서울중앙지방법원 2014.09.05 2012고정6821
공갈
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

[Criminal Power] On October 20, 201, the Defendant was sentenced to one year of imprisonment for a crime of fraud, attempted robbery, or violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul Southern District Court on March 16, 201, and the said judgment became final and conclusive on March 16, 2012. On April 26, 2013, the Seoul Central District Court sentenced the Defendant to six months of imprisonment with prison labor for an attack and attack, and became final and conclusive on June 21, 2013.

【Criminal Facts】

The Defendant, at a massage treatment place, a rest room, a entertainment place, etc., reported to the police the illegal sex trafficking business to the owner of the business, in order to attract money and valuables. At around 04:00 on Nov. 1, 2008, the Defendant received money and valuables amounting to KRW 6.2 million in total by waiting the victims of “E” operated by the victim D in Gangnam-gu Seoul, Seoul, to report the fact of the illegal sex trafficking business to the police without notifying the treatment expenses. If having known the treatment expenses, he would request the victims to report the fact of the illegal sex trafficking business to the police.” In addition, the Defendant received money and valuables amounting to KRW 300,000 from the victim of the said sexual traffic within 14 times in total in collusion with the Defendant, alone or one person “F” in collusion with the victims.

Summary of Evidence

1. Partial statement of witness G;

1. The entry of part of the witness H in the third protocol of trial;

1. Some statements in the protocol of examination of the witness regarding D;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police officer's statement to G, D, I, and H, the second and third police officers' statement to J, and a copy of the police officer's statement to H;

1. Previous records of judgment: A copy of the judgment (not more than 1107 pages of investigation records), investigation report (a copy of summary order of the same kind as A of a suspect), the application of Acts and subordinate statutes to the previous records of disposition and the results of confirmation;

1. Relevant Article 350(1) of the Criminal Act concerning criminal facts, the choice of punishment (the point of conflict by public offering), Articles 350(1) and 30 of the Criminal Act (the point of conflict by public offering), and the choice of fines.

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