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(영문) 울산지방법원 2020.11.19 2020고단1383

특수협박등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A special intimidation: (a) around 21:40 on March 8, 2020, the Defendant demanded that the victim C (V) in Ulsan-si, Ulsan-si, U.S., U.S. would undergo alcohol to the victim; (b) the victim’s name-unclaimed male, who was the victim’s seat; and (c) made the victim’s request to undergo alcohol to the victim; (d) the victim’s name-free male, who was the victim’s seat; and (e) the victim’s discovery in the above restaurant refers to the victim’s “where the male house is located, and dead,” and the victim’s movement to the above excessive restriction.

2. The Defendant destroyed and damaged property at the time, time, and place described in paragraph (1). It is thought that the above male in the name is hiding to F operated by the victim E (the age of 63) who is next to the above restaurant, and the Defendant destroyed the entrance door door of the market price owned by the victim by drinking it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. G and E’s written statements;

1. Photographs of the scene of the crime and tools of the crime;

1. Seizure records;

1. Application of Acts and subordinate statutes to a criminal report (where a suspect commits a crime, CDs and caps accompanying photographs);

1. Relevant legal provisions concerning facts constituting an offense, Articles 284, 283(1) (a) of the Criminal Act, Article 366 of the Criminal Act, the choice of fines, respectively,

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The fact that there was a record of being sentenced to a fine for special intimidation by using the knife of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the probation period for other crimes, the fact that the investigative agency and this court tried to avoid liability by making a vindication that does not meet the common sense in this court, the crime was recognized for the last time, and that there was an agreement with the victim of the crime of causing property damage, the defendant's occupation, age, etc.