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(영문) 부산지방법원 2014.06.12 2014고정675
공갈등
Text

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

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

Reasons

Punishment of the crime

1. On December 29, 2013, the Defendant issued 50,000 won to the victim D (the 79-year-old) located in Busan Jin-gu, Busan, to the victim “E upper meeting” in the operation of the victim D (the 79-year-old). The Defendant, at around December 29, 2013, issued to the victim the victim 50,000 won immediately from the fluent fluent fluent fluent fluent fluent fluent fluent c

2. Around 09:00 on December 30, 2013, the Defendant: (a) expressed the victim D that “Cines and funerals shall not be performed; (b) hereinafter “the victim’s bitch fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright

Summary of Evidence

1. Partial statement of the defendant (as of the second trial date);

1. Police suspect interrogation protocol of the accused;

1. Application of each police protocol to D and F

1. Article 350 (1) of the Criminal Act and Article 350 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged was around 12:00 on December 30, 2013, the Defendant: (a) demanded D money from the “E upper conference” located in Busan Jin-gu, Busan; (b) however, the Victim F (year 73) committed assault against the victim by killing bating bats of bats; (c) the victim’s f (year 73) was fated.

2. We examine the judgment. This is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the F’s agreement, the victim F expressed his/her intention not to prosecute the defendant on June 2, 2014, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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