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(영문) 서울서부지방법원 2018.05.11 2018고단401

특수협박등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 23, 2017, at the restaurant of “C” located in Yongsan-gu Seoul Metropolitan Government, around August 23, 2017, the Defendant: (a) brought in dispute with “C” as a matter of the construction cost due to the victim D and the interior; (b) brought in the part of the side partitions, thereby breaking the victim’s voice “one time, one time, one time, and one time,” and expressed the victim’s attitude that the victim would inflict any harm on the body of the victim.

2. The Defendant injured by negligence, at the time and place specified in the preceding paragraph, flick-in disease, flick-in disease, and flick-in disease, flick-in disease, flick-in disease to the victim E and the victim F, thereby causing the victim E and F to suffer the face injury, etc. where the number of days of treatment cannot be known.

3. Around August 23, 2017, the Defendant, who was arrested as a flagrant offender by the foregoing act, and was in order to undergo an investigation at the Hannam Police Station located in 53-ro, Yongsan-gu, Seoul, Yongsan-gu, Seoul, in order to undergo an investigation, assaulted the Victim G by walking the victim G, who is a driver of the victim E and F, with his/her turbane, in a view to the development of the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Written statements prepared in D;

1. Application of on-site photographs and the Acts and subordinate statutes governing damaged body photographs;

1. Relevant Articles 284, 283(1) (a) (a special intimidation) of the Criminal Act, Article 260(1) (a) of the Criminal Act, Article 266(1) (a) of the Criminal Act, Article 266(1) (a) of the Criminal Act, and selection of fines for a crime;

1. Articles 40 and 50 of the Criminal Act concerning the concurrent crimes of injury by negligence (only between the crimes of injury by negligence);

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

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

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