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(영문) 인천지방법원 부천지원 2016.11.04 2016고단1028
폭력행위등처벌에관한법률위반(공동공갈)
Text

Defendants shall be punished by imprisonment for six months.

except that the execution of each of the above punishments shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 18, 2015, at around 06:20 on September 18, 2015, the Defendants first settled the drinking value of KRW 930,000 in G entertainment tavern located in the f3th floor of Nam-gu Incheon Metropolitan City, and then the Defendants ordered drinking and drinking together with female helpers, and there was a female helper and vision.

Defendant B demanded the victim H (the 31 year old), who is the principal manager after the studio, to conduct a female Dominium, but the charge did not take place, stated that “the victim demanded to pay an additional charge of KRW 440,000,000,00 to the victim.” However, as seen below, it is not acknowledged that the victim demanded to pay an additional charge of KRW 440,000,000,00 to the victim. As seen below, Defendant B deleted this part of the charge, stating that “The victim is a minor, and is a minor. I will go against the police with the drinking value if I am knee and knee kel kel kel kel kn,” Defendant A reported the victim’s behavior next to the police by stating that “I will go against the police officer’s 12,000,0000,000,0000,000 won.”

Accordingly, the Defendants, together with D and E, got back the drinking value of 930,000 won, which was already paid from the drinking victim who frighted the victim and got back the amount equivalent to the said amount.

Summary of Evidence

1. Legal statement of the witness H;

1. Police suspect interrogation protocol regarding E;

1. The police statement of H;

1. Each E statement;

1. Application of Acts and subordinate statutes to CCTV photographs of business establishments;

1. Article 2(2) and (1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 350(1) of the Criminal Act; and Article 350(1) of the Criminal Act.

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