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(영문) 서울남부지방법원 2013.05.20 2013고정19

협박등

Text

Defendant shall be punished by a fine of KRW 1,800,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. At around 03:00 on September 29, 2012, the Defendant threatened the victim, who was requested by the victim to pay the drinking value, etc. from the victim, due to the victim D and alcohol problems at the Seoul Gangseo Police Station C District located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul, the Defendant: (a) expressed that the victim would suffer a vision due to the victim D and the drinking value; and (b) then, the victim would be forced to pay the drinking value, etc. “I am flus. Mahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

2. From around 02:50 on September 29, 2012 to 03:25, the Defendant: (a) asked, at the Seoul Gangseo Police Station C District located in Gangseo-gu Seoul Metropolitan Government, the head of the police station located in Gangseo-gu Seoul Metropolitan Government, that “I would pay the drinking value;” and (b) caused the victim a bit of a bitch bit of a bitch bitch bitch,” and “I am off the bit of a bitch bit of a bitch bit of a bitch bit of a bitch bitch,” and the Defendant continued to have his/her bit of a computer broken up on his/her hand and opened a bridge to display the victim.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to each investigation report (on-site CCTV confirmation report and victim D telephone statement hearing);

1. Relevant provisions of the Criminal Act and Articles 136 (1) and 283 (1) of the Criminal Act concerning the choice of punishment;

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;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.