When the defendant does not pay the above fine, the defendant shall be the defendant for the period converted 100,000 won into one day.

shall be confined in a workhouse.

The defendant shall be ordered to pay the amount equivalent to the above fine.

Around 09:00 on June 14, 2014, the Defendant, on the ground that the maximum ○○○○, who is engaged in the sale of multi-households, newly built a multi-households at Jeju City, did not pay five million won or more to the village development fund, opposed to the occupancy of the said newly-built house on the road side. The ○○ residents cannot accept the single-burging of the party’s excreta. The ○○ residents posted a banner stating the phrase “I will continue to put up a banner and stage a demonstration without giving five million won to the victim,” and by threatening the victim, “I will continue to put up a banner without giving five million won to the victim.” However, the Defendant attempted to receive five million won from the victim who suffered damage, such as going back to the match, but the victim failed to comply with this.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Articles 352 and 350(1) of the Criminal Act; selection of fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on the argument of the defendant and defense counsel

The defendant and his defense counsel asserts that the degree of the defendant's act does not reach intimidation.

The crime of conflict is established by forming a defective will of the other party as a means of conflict and by causing the other party to conduct an act of property disposal. In this case, intimidation as a means of conflict refers to the threat of harm and injury likely to be drinking to the extent that it limits the freedom of decision-making or interferes with the freedom of decision-making. Although the notice of harm and injury is used as a means of legitimate realization, if the means and method of realizing the right exceed the extent permitted by social norms, it shall be deemed that the crime of conflict was commenced. Here, whether the act exceeds the extent and scope specifically permitted by social norms should be determined by comprehensively taking into account the subjective and objective aspects of the act, namely, the purpose and method selected.

As to the instant case, the following circumstances acknowledged by the evidence, namely, (i) Defendant continued to repeat these acts by continuously posting a banner on three occasions each time after having installed a banner, such as the statement of the fact that the victim was constructed to sell in lots, and (ii) the aforementioned banner was posted on the construction site, and the victim’s refusal to sell in lots and return to the buyer, etc. due to the fact that the above banner was posted on the construction site, were interfered with the business of the victim. Based on these circumstances, it is reasonable to see that the victim filed an application with the court for prohibition of interference with business with the Defendant, and (iii) only after the Defendant posted the banner, the victim had expressed his intention not to remove the banner before the victim’s village development fund, and (iv) the Defendant’s act of posting the banner to the extent that it was likely to interfere with the victim’s decision-making or decision-making by taking into account the following circumstances:

Therefore, the defendant and his defense counsel cannot be accepted.

Reasons for sentencing

The punishment shall be determined as ordered in consideration of the following circumstances:

○ favorable circumstances: The fact that there is no particular criminal record and the fact that there is an act identical to the fact of crime that there is no personal interest but for the development of the entire community.

○ Other: The motive and circumstances of the crime, circumstances after the crime, the defendant’s occupation and family relationship;

It is so decided as per Disposition for the above reasons.