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(영문) 인천지방법원 부천지원 2017.08.11 2017고정448

특수협박등

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

1. A special intimidation: (a) around January 2, 2017, the Defendant: (b) provided a conversation to verify whether a victim E (52 aged and female) who, under the influence of alcohol, was on credit with another person during a period of no more than 3 times from “D” entertainment week located in Seocheon-si, Seocheon-si; and (c) provided a vision to verify whether a victim E (52 aged and female) was on credit with another person.

The Defendant, while engaging in a dispute, expressed a majority of the glass cups on the tables, string the shoulder glass, which is a dangerous object, and threatened the victim, with the victim’s hump, and expressed the hump, “I do not have this floor, I die, I die, and die.” In doing so, the Defendant threatened the victim, while doing a conduct frighting to the victim.

2. On January 2, 2017, at around 23:25, the Defendant: (a) expressed the victim E from the corridor of “D” entertainment station located in Bupyeong-si, Seocheon-si, that “Is away this year’s death”; and (b) expressed the victim E “Is away” on the same ground as paragraph (1). On the other hand, the Defendant saw the victim’s clothes at one time, walking the victim’s clothes at one time, leading the victim to a string of the double wall requiring medical treatment for up to 11 days.

3. On January 2, 2017, the Defendant damaged the property by: (a) around 23:30, and around 14, 2017, on the ground that “D”, located in Seocheon-si, Sincheon-si, was in harmony with the victim E, as prescribed in paragraph (1), prior to the visit No. 14, the Defendant: (b) walked several visits to the said establishment 14 times on the ground that he was in harmony with the victim E; and (c) there was a fall short of the market price.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the scene and photographs of damaged articles;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 257(1) (a) of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines for negligence concerning 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act refers to a shoulder glass bottle, which is a dangerous thing for the defendant.