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(영문) 서울서부지방법원 2014.05.22 2013고정2996

협박

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On March 9, 2012, the Defendant leased the lease deposit amount of KRW 75 million to the Eunpyeong-gu Seoul Special Metropolitan City 102, which was owned by the victim B (n, 45 years of age). However, the Defendant borrowed KRW 70 million from the Eunpyeong Saemaul Bank on the same day after the Defendant became aware of the need to set up a collateral security even if the Defendant satisfied the requirements for opposing power and preferential repayment right under the Housing Lease Protection Act, and the Defendant was faced with the situation that is bound to be lower than the right to collateral security under the Housing Lease Protection Act, the Defendant demanded the return of the lease deposit, etc., and threatened the victim as follows.

피고인은 2012. 7. 15. 03:45경 피해자에게 전화하여 “내가 지금 따로 가면은 죽여버릴 것 같거든. 경찰 끌고 가는 게 내가 솔직히 살인사건 안 일어나고 좋은 것 같애. 나 아줌마 죽이고, 씨발 나도 징역 살라고! 나도 내 와이프랑 내가 왜 결혼했는데 어 이런 좆같은 씨발년아!!! 내가 지금 간다고!! 니가 올래 내가 갈까 ”라고 말하여 피해자를 협박하였다.

On July 15, 2012, around 05:30 on July 15, 2012, the Defendant threatened the victim by saying “E” at the 3rd place of Songpa-gu Seoul Metropolitan Government D Da 3rd floor, “I seem to be able to find it possible to go to her place. It is unnecessary to do so.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Relevant Article 283 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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