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(영문) 인천지방법원 2017.04.12 2017고단504

협박등

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. Intimidation: (a) on October 25, 2016, the Defendant sent to the victim B, who was the main owner of the Do dog, who was aware of his knowledge at the ordinary place, and was unable to comply with his/her demand to lend money different from that of his/her usual book, and then sent letters that cause harm and injury to the victim on a total of 45 occasions from October 25, 2016 to October 26, 2016, as shown in the attached list of crimes, by putting the victim’s handphone, referring to a day-to-day in which the victim’s handphone, referring to a day-to-day in which the victim’s handphones, referring to a day-to-day in which the victim’s handphones, referring to a day-to-day in which the victim’s handphones, referring to a day-to-day in which the victim’s handphones.

The victim threatened the victim.

2. On October 26, 2016, at around 16:00, the Defendant was found at the “D” shop operated by the victim B in Nam-gu Incheon Metropolitan City, Nam-gu, and on the ground that the Defendant did not comply with the victim’s demand to lend money, the Defendant was not a man who was not a man who was judged at a low time to walk up the above pethouse’s safety door and opened the entrance into the shop, and was changed by the male.

It is a single customer. .... ...... .......

E. Mali L. Mali L.

In this regard, the lender had been able to distort the victim's business affairs by force by bringing about about 5 minutes of his/her behavior, such as the expression of "the same year".

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Relevant legal provisions of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation), Article 314(1) of the Criminal Act (the point of interference with business), and the selection of fines for the crime;

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable circumstances: The defendant shall be present.