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(영문) 대전지방법원 2017.07.20 2017고단2089
공갈
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 5, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Defense Justice at the Daejeon High Court, etc., and the said judgment became final and conclusive on April 6, 2015.

[Criminal facts] The Defendant is a person who is engaged in news gathering in Category D, Daejeon, and Chungcheongnam-nam in Daejeon-gu, Daejeon-gu.

The Defendant knew that aggregate selective processing companies operating in the vicinity of Sejong City entrust waste treatment business entities with the disposal of sludge generated in the course of their work and buried in farmland, etc., the Defendant used it to report it to the press or to file a civil petition with the administrative agencies, and intended to demand money for this purpose.

1. On December 26, 2013, at around 14:00, the Defendant found in the “G” operated by the Victim F in Sejong E, with the victim’s name and expressed his identity, and, in the event that the Defendant did not receive any money, reported the fact of illegal reclamation to the press, or filed a complaint with an administrative office and an investigative agency, etc., the Defendant received KRW 100,000 from the victim of drinking alcohol under the pretext of accusation.

2. On the same day, the Defendant continued to do so at the “J” office operated by the victim I at around 15:00 on the same day, and received KRW 1,00,000 from the victim I, under the pretext of accusation through the employees K, from the victim I, who was frighted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to F (including I substitute part);

1. Statement made to K in the police statement;

1. A copy of the investigation intelligence report and the name of the reporter;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 350 (1) of the Criminal Act concerning the selection of punishment (Optional to imprisonment with prison labor);

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.

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