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(영문) 의정부지방법원 고양지원 2015.03.13 2014고단1780
폭력행위등처벌에관한법률위반(공동공갈)
Text

Defendant

C Imprisonment of one year and six months, Defendant A’s imprisonment of one year, Defendant D’s imprisonment of ten months, and Defendant B.

Reasons

Punishment of the crime

Defendant

C is the chairperson of the "J market" shopping mall operated in Gyeyang-gu I, Seoyang-gu, and is the general manager in charge of the operation of the shopping mall. Defendant A and D are responsible for the vice-chairperson and the management chairperson of the shopping mall. Defendant A and D are responsible for the management and collection of the vice-chairperson and the vice-chairperson of the "J market". Defendant E, F, and B are security guards employed by the "J market" shopping mall, and are in charge of the rearrangement of parking, preparation for events, and maintenance of order in the street store.

1. Defendant C, A, and D’s violation of the Punishment of Violences, etc. Act (joint conflict) decided to collect the so-called “the so-called “the so-called” amount of KRW 10,000 per square meter in length on the street store, without any legal authority, from the street keepers who maintain and maintain the market order or engage in funeral services in the state-owned land on February 2, 2012, under the pretext of the fact that the executives of the J market were “J market” and “to maintain and prosperity the market order” at the office of the shopping mall on the street street, and to collect the so-called “the so-called “the one-called one-day one” from the street keepers who do not comply with the Defendants’ instructions or are unable to perform funeral services in the J market.

On the other hand, although the employees of the J market forced the Defendants to pay up to 10 times the amount of their daily required cleaning expenses, etc. without any legal authority, if the Defendants would not be forced to do so, they could not engage in old-point funeral services due to the obstruction of the Defendants, who ordinarily have absolute authority at the J market’s shopping mall, and as the small-scale merchants who have no store, are not in a situation where they would be able to engage in special funeral services in a place outside the J market, and therefore, the Defendants’ instruction that the Defendants would turn back the place in the J market would depend on their livelihood.

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