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(영문) 청주지방법원 2015.12.29 2015고정605

협박

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 14:25 on January 15, 2015, the Defendant threatened the victim by stating that the victim D was present and waiting as a witness of the assault case trial between E and the Defendant at the Cheongju District Court Criminal 3rd class 4 of the Cheongju District Court, Cheongju District Court 62, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju, Seoul, as of 14:25, and that “If a witness attends the court, he shall not go beyond his match at the time of his appearance.” The Defendant threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D and F;

1. The prosecutor's statement concerning the F;

1. Application of the CD(s)-related Acts and subordinate statutes

1. Article 283 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

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

1. Recognizing the facts stated in the judgment of conviction and sentencing, the Defendant asserts that his behavior does not constitute intimidation, and that he did not have the intent to threaten the victim, and that he had the intent to cause the victim to see the truth or to tell the victim.

Taking into account the circumstances that the defendant recorded the situation at the time, even if the victim tried to testify in the court as a witness of the defendant case between the defendant and E, the defendant contacted the victim, the defendant was the victim's speech during the process of closing the defendant's appearance and not to testify, the defendant and the victim were attending the same workplace, but at that time, the defendant was in an unexpected condition. At that time, the defendant was anticipated to be disadvantageous to himself/herself, the victim's testimony was anticipated at that time, the victim and the F, who called the defendant, are memoryd with the purport that the defendant would not leave the victim, and all other circumstances at that time, such as the appearance of other acts, the circumstances leading to such acts, and the relationship with the victim.