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(영문) 광주지방법원 2015.06.04 2014고단3122 (1)
폭력행위등처벌에관한법률위반(공동공갈)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 05:00 on November 21, 2013, the Defendant, along with D and E, demanded “H points” in the operation of G (Seoul, 24 years of age) located in the Seo-gu Seoul, Seo-gu, Gwangju, for drinking alcohol, and demanded G to do so. On the ground that the victim I (Nam, 33 years of age) who is a customer and I-friendly victim's name was unsatisfed, Defendant D moved the victims into three above places of business.

Defendant

D The questions are whether or not the internal language, who is the internal organ, and who is the internal organ, and the father of the friend is the Western wharf. The father of the friend friend friend friend friend friend friend friend friend friend, so if he does not refuse to die, friend friend it."

The Defendant continued to calculate the drinking value in advance with D and E, saying, “the victims were scark and scarked, so it did not play properly in a singing room due to scarks and scarks, calculated the drinking value, and called “a”, and had the victims of drinking scark pay 250,000 won of the Defendants’ drinking value on behalf of the Defendants.

Accordingly, the defendant, in collaboration with D and E, acquired pecuniary benefits equivalent to KRW 250,000,000 in the drinking value.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, I and D;

1. Partial statement of the suspect interrogation protocol of the public prosecutor as to D;

1. Statement made by the police in relation to G and I;

1. A report on investigation (a photograph of the scene of crime);

1. Application of the CCTV video-related Acts and subordinate statutes;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 350 (1) of the Criminal Act concerning the crime;

1. Selection of a selective fine for punishment (the defendant was sentenced to a suspended sentence of two years for a year due to the composition or activity of an organization, etc. at the Gwangju District Court on November 7, 2012). In addition, the defendant committed the crime of this case at the same time, even though he/she had been sentenced to punishment for the same crime, such as violation of the Punishment of Violences, etc. Act.

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