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(영문) 대구지방법원 2013.08.28 2013고정1837
공갈미수
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

The Defendant is a person who operates a cafeteria located in Daegu Dong-gu B, and the victim E is a person who operates a restaurant business in the same Dong-gu and in the name of “F”.

On April 15, 2013, the Defendant: (a) within the radius of “D” located in Daegu Dong-gu B around 13:20, the Defendant knew of the fact that the victim engaged in the same restaurant business sold alcoholic beverages in the restaurant of the victim who was unable to sell such alcoholic beverages, and (b) received the victim’s money and valuables from the victim who was found in the Defendant’s restaurant by means of having known of the fact that he had sold such alcoholic beverages in the restaurant of the victim who was unable to sell such alcoholic beverages, “I will accept it if you shut down without any conditions. I will close the door of the party, so long as there is evidence and confirmation letter. If there is no change in the number of KRW 5 million per month.” If the victim continued to engage in the restaurant business, the victim demanded money and valuables from the victim as if he reported, but the victim did not refuse to comply with the request, thereby doing so.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant provisions of the Criminal Act and Articles 352 and 350 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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