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(영문) 서울북부지방법원 2016.01.06 2015고정2659

특수협박등

Text

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

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

Reasons

Punishment of the crime

1. Around 01:50 on June 8, 2015, the Defendant was under the influence of alcohol leveling 0.161% from the blood alcohol leveling from the 200-ro, Dongdaemun-gu, Seoul, to the king-ro, 36-ro, 43rd roads.

2. Around 02:00 on the same day, the Defendant threatened the victims of a tree mone, which is a material dangerous to the victim D, the victim E, and the victim F, and a dangerous object to prevent the Defendant, with the name-free female working at the place above C, which was called 36:43, 56:0,00 in the house of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, to the effect that he was under the influence of alcohol and would not receive the Defendant as a customer. As such, the Defendant threatened the victims of a tree mone (the length of 50cm, width of 6:0 meters).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against D, E, or F;

1. Investigation report ( investigation into steel monlls);

1. Application of Acts and subordinate statutes to the report on detection of drivers of alcoholic beverages, output of drinking values, report on the circumstances of drivers of alcoholic beverages, and details of control;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 284 and 283 (1) of the Criminal Act (special intimidation) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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;