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(영문) 수원지방법원 안산지원 2017.11.16 2017고단2397
폭력행위등처벌에관한법률위반(공동공갈)
Text

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

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

On December 28, 2016, the Defendants conspired to take money from the Eastern Victim F (19) and to use it. Defendant A called the victim to the victim and called the victim to the H restaurant located in G at Sinung-si on December 28, 2016, and Defendant D threatened the victim with the victim “Irrrrrl Iral Iral Iral Iral Iral Iral Irals Irals Irals Irals Irals Irals Irals Irals Irals Irals Irals Irals Irals Irals Irals Irals Irals Irals I'ss demand, and I would f

As the victim refuses, “no money exists”, Defendant A would borrow money from the victim’s cell phone so that Defendant A would take away the victim’s cell phone and bring the victim’s ID to the north of the Republic of Korea “an amount of KRW 200,000 and KRW 300,000 which shall be paid to the victim.”

and after finding the J, the victim has lent KRW 200,00 to the J, received and divided 50,000 each money, and had the victim borrow KRW 200,00 in the same manner continuously, and received the money.

As a result, the Defendants jointly got 40,000 won from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement with respect to F or L;

1. Application of the Acts and subordinate statutes governing victim Facebooks;

1. Article 2(2)3 of the Punishment of Violences, etc. Act and Article 350(1) of the Criminal Act stipulate only the “Article 350 of the Criminal Act” but are deemed to be a clerical error. Thus, the above provision shall be corrected.

(Selection of Penalty)

1. Attraction of a workhouse - Defendants: Articles 70(1) and 69(2) of the Criminal Code

1. Provisional payment order - Defendants: Article 334(1) of the Criminal Procedure Act

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