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(영문) 부산지방법원 2012.10.09 2010고단2745
폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)등
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1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Facts of crime

1. The Defendant, in collusion with C, D, and E on April 2, 2010, she drinks alcohol that the president of the main office of the H entertainment tavern where the victim G in Busan Shipping Daegu F is working as the head of the business division in collusion with C, D, and E.

In addition, when the victim G demands the payment of service charges of a female employee amounting to 1.3 million won, Defendant C, D, and E sent money to the victim, “The president makes it possible to do so. The president fab h. h. h. h. h. h. h.)” and they sent fabbbly to the victim by showing their power on the ground of organized violence breach of trust.

Defendant, C, D, and E jointly threatened the victim, and caused the frighter victim to feel 1.3 million won of service charges, thereby acquiring economic benefits equivalent to the same amount.

2. The Defendant, C, and E were drinking at the same place as at April 3, 2010, at the same time as at around 03:00, the market price of which is equivalent to KRW 2.4 million.

After that, when the victim G demands the drinking value, E refers to "I do not know about the drinking value of the same student, Ma. I am. I am."

In addition, when the defendant and C want to get back later, the victim demanded again the alcohol value, and the victim called "E grix, to reduce the inside," and they viewed their power on the ground of organized violence breach of trust.

Defendant, C, and E jointly threatened the victim with such a threat, and caused the victim to feel frightly claim 2.4 million won of the drinking value, thereby acquiring economic benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements in C and D of the first trial records;

1. Application of the Acts and subordinate statutes on the prosecutor's statement concerning G;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 350 (1) of the Criminal Act;

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

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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