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(영문) 서울중앙지방법원 2018.08.23 2018고단2984

특수협박

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 29, 2018, at around 04:25, the Defendant: (a) committed an act to prevent the occurrence of the victim while at the night, on the ground that D and D’s friendly job offers victims E (18 years old), etc. (i.e., employees of the Defendant’s “C,” operated by the Defendant of B 5, Seoul Special Metropolitan City, carried out an act to prevent the occurrence of the victim, and (b) threatened the victim with dangerous things by carrying the victim, as they threatened the victim, on the ground that the business hours of the party at the night end.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A written statement of F and G;

1. Application of the police seizure protocol statutes;

1. Relevant Articles 284, 283(1) and 283(1) of the Criminal Act regarding criminal facts, the choice of fines (it may have been the aspect that the instant crime may have resulted in a dangerous consequence); however, considering that the Defendant did not have a criminal record except that he/she was sentenced to a fine of KRW 500,000 due to a violation of the Game Industry Promotion Act on around 2013, there are some circumstances to take into account the circumstances of the relevant crime, and that he/she agreed with the victim

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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