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(영문) 대구지방법원 2016.11.25 2016고정1705
폭력행위등처벌에관한법률위반(공동공갈)
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On December 18, 2014, the Defendant was sentenced to imprisonment with prison labor for the night building intrusion larceny at the Busan District Court for six months, and the sentence was finalized on December 27, 2014.

【Criminal Facts】

On November 14, 201, at around 08:00, the Defendant created a malicious atmosphere by the victim E (34 years of age) of the victim E (34 years of age) located in the Gyeonggi-si, North Korea on November 14, 201, and received spaw and spath from the victim, such as showing his/her text to his/her employees, and speakings on his/her organized violence, violence, and breach of trust. On the part of the victim, the Defendant demanded payment of 1740,000 won of the drinking value from the victim, the Defendant said that “the victim is the head of the Dong-gu, and is the head of the Gu, and is found in the last part of the drinking value.”

The Defendant jointly with the above B, etc., and caused the victim, who was frighten, to frightly claim the above drinking value of 17.44 billion won, to acquire pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of some police officers against C and B;

1. Each police statement of E and F;

1. A copy of a report on internal investigation (Attachment to a copy of account books of outstanding amounts), or a copy of account books;

1. Previous records of judgment: Application of criminal records, reply reports, copies of judgments 2014 highest 8220, copies of prosecutor's integration system search screen pictures, etc. to Acts and subordinate statutes;

1. Article 2 (2) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. (Amended by Act No. 12896, Dec. 30, 2014); Article 350 of the Criminal Act concerning criminal facts;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 (1) 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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