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(영문) 청주지방법원 충주지원 2013.12.04 2013고정203
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

On October 1, 2012, the Defendant: (a) worked as the regular manager of a DNA taxi company located in C in Chungcheongnam-si; (b) followed a person driving a motor vehicle under the influence of alcohol, and (c) had the driver frightly reported on a drunk driving at a location where the person was in the influence of alcohol; and (d) had the driver fright to take money and valuables from the driver; and (e) discovered the victim E (the age of 45) who drives a motor vehicle under the influence of alcohol in the vicinity of the “Sis Park” park in Chungcheongnam-si in Chungcheongnam-si, and followed the victim by driving the Defendant D taxi.

Around 02:15 on October 1, 2012, the Defendant: (a) carried a car driven by the Defendant using the cryption on the front road of G University located in F at the Chungcheongnam-si, Chungcheongnam-si; and (b) interfered with the Defendant’s “on the other hand, the Defendant was a customer, who was a subsequent customer; (c) would have been driving the car; and (d) would have been interfered with the Defendant’s request for money; (d) “on the other hand, the Defendant would have reported to the police without giving money to the Defendant; and (e) would have expressed his attitude of “on the other hand, the Defendant would have reported to the police without giving money to the Defendant; and (e) had the victim forced to withdraw money and valuables from the Defendant, but the Defendant failed to comply with it,

Summary of Evidence

1. Partial statement of the defendant;

1. A witness E’s legal statement is vindicateed to the effect that the Defendant did not attack the victim.

However, considering the consistency, physical strength, rationality, and attitude of the statement in this court and the fact that the witness E reported the defendant to the facts of the crime and was punished due to the drunk driving, the court held that the defendant attempted to withdraw money from the victim's drunk driving. If the defendant's statement and the investigative agency's statement in the court are completely different from the contents of the defendant's statement and the investigative agency, it is difficult to believe the statement.

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