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(영문) 수원지방법원 2012.10.18 2011고정2975
공갈미수
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant filed a civil petition with the head of Si/Gun/Gu seeking that the victim C, a company installing environmental pollution preventive facilities, had been employed as a daily worker for cleaning, and the head of Si/Gun/Gu, had been engaged in cleaning the work of replacing the head of Si/Gun/Gu in E “E,” which is located in a subcontractor who installed the environmental pollution preventive facilities, which is a representative director. On April 4, 2011, D had filed a civil petition to inquire into the “waste disposal conditions” in the head of Si/Gun/Gu.

After that, the Defendant received KRW 1,00,000 from the victim who had concerns over the aggravation of the relationship with the Siwon and the Siwon Environmental Technology Company upon filing a civil petition as above, and withdrawn the civil petition filed to the Siwon in return for withdrawing the civil petition application.

Nevertheless, around 14:00 on May 2, 201, the Defendant, at the office of the Gwangjin-gu Seoul Special Metropolitan City D Co., Ltd. (hereinafter “Seoul Special Metropolitan City”) around 14:00, provided that “I would make a civil petition again to the viewing if I would know about the amount of KRW 2,00,000,000, and would have the victim receive KRW 2,000,000 from the drinking victim who was fright to file a civil petition again if I would do so. However, the Defendant did not have the intent to refuse the civil petition but failed to do so.

Summary of Evidence

1. Each legal statement of witness C and F;

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

1. Statement to C by the police;

1. Application for civil petitions and application of the respective Acts and subordinate statutes;

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. The defendant and his defense counsel's assertion against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order provided that the victim C would give one million won in return for resolving civil petition issues first, and the defendant changed the degree of two million won, but C did so.

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