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(영문) 창원지방법원 마산지원 2013.05.07 2013고정77
공갈등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On November 24, 2012, at around 01:15, the Defendant, at around 01:15, expressed to the victim’s D(Kaf) in the operation of the Sinsan Sinsan Sinsi B (Gafa, 32 years old), the Defendant expressed to the victim the victim’s desire “at least 18,000 won of the drinking value, she does not have the drinking value, she did not have the drinking value, she did so, she did so by hand, with the customer’s hand, and she frighted with the test increase.”

As such, the Defendant got the victim to have frightened, and let the victim frightened with the above drinking value claim, thereby acquiring economic benefits equivalent to the above amount.

2. At around 02:05 on the same day, the Defendant insultingd the victim of a serious sound by openly insulting the victim by having the victim F, who was accompanied by the Defendant for the same reason as referred to in the preceding paragraph, when the victim F, who was asked by the said Party C, etc. to ask his personal information and the circumstances of the case, etc., during the period when the victim F, who was accompanied by the Defendant, was heard by the said Party C, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and F

1. Relevant provisions of the Criminal Act and Articles 350 (1) and 311 of the Criminal Act concerning the selection of criminal facts, and the selection of fines (i.e., confession and reflection, and points agreed with victim C);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 57 of the Criminal Act including days of pre-trial detention;

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

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