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(영문) 서울중앙지방법원 2015.01.15 2014고단9140

협박

Text

Defendant

B shall be punished by a fine of three million won.

Defendant

B If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

From October of the same year, the Defendants came to know that they were working for the same company as a member of the company engaging in real estate brokerage business on or around March 2012, which led to the conflict that Defendant B interfered with the brokerage business of Defendant A from March 2014.

Defendant

B was threatened by intimidation as stated in the facts charged in the dismissal of prosecution section as follows, and it was doubtful that labor unions and A would be able to spread to their children about sexual relations.

Defendant

B around March 17, 2014, at the real estate office of N in Seocho-gu Seoul Metropolitan Government, written a false complaint stating the following: “A forcibly rapes a complainant who was drunkly drunk at the O Pel on May 2013, and threatens the complainant to disclose sexual relation, thereby inducing the complainant to disclose his/her sexual relation, and thereby, subject to punishment of KRW 3 million on November 21, 2013, and five million on February 15, 2014.”

Defendant

B On March 19, 2014, the Dongjak-gu Seoul Metropolitan Government Nowon-ro received the above complaint by mail to the Dongjak-gu Police Station located in 148.

However, there was no fact that there was a threat to the defendant that he forced the defendant under the influence of the above defendant A to commit rape or to force sexual intercourse.

Nevertheless, Defendant B received a false complaint from the Dongjak Police Station as mentioned above with the aim of having A subject to criminal punishment.

Summary of Evidence

1. Defendants’ legal statement

1. Written complaint and statement (referred to Nos. 1 and 2 of the evidence list);

1. Application of each prosecutor's protocol of interrogation to the Defendants (including questioning statements)

1. Article 156 of the Criminal Act and the choice of fines concerning the crime;

1. Articles 157, 153 and 55 (1) 3 (Confession) of the Criminal Act for statutory mitigation;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act in the custody of a workhouse.