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(영문) 의정부지방법원 고양지원 2018.07.20 2018고정535

특수협박등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is the representative director of C, Kimpo-si D owner, and the victim E (47) exercises the right of retention in model house in order to receive part payments from C as the site warden of the above model house, and the victim F (46) is the worker in the above field.

1. On October 20, 2017, the Defendant damaged the victim-owned market price of KRW 100,000,000, which was indicated as “in the course of exercising the right of retention” installed outside the model house by the victim E for the exercise of the right of retention, at the construction site of the above model house: (a) around 13:20 on October 20, 201; and (b) the Defendant damaged the Defendant’s pl

2. The Defendant of special intimidation: (a) when and at the time, at the place specified in paragraph 1; (b) when the Victim F prevents the Defendant from damaging the Defendant’s banner; (c) when the Victim F kept the Defendant from damaging the Defendant’s banner, the Victim F, which is a dangerous object cited on the right hand (20 cm in length and 40 cm in length on the day); and (d) the Victim Sheet the Victim, and

“The victim threatened the victim with the sound.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, E, and F;

1. Application of field photographs and Acts and subordinate statutes on receipts;

1. Relevant legal provisions concerning facts constituting an offense, and Article 366 of the Criminal Act that selects punishment (the point of damage to property and the choice of fines), Articles 284 and 283 (1) (the point of special intimidation and the selection of fines) of the Criminal Act;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;