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(영문) 울산지방법원 2020.11.19 2020고단2705

특수협박

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

The defendant is a former director of the company B, and the victim C (Nam, 58 years old) is a new director of the same company.

At around 09:10 on June 5, 2020, the Defendant, at the entrance of the factory of the “B Co., Ltd.” located in Ulsan-gun, Ulsan-gun, U.S., as a result of unfair dismissal against the Defendant, brought about a dispute with the victim, which is a dangerous thing at the factory, in bad faith with the victim, and carried out a threat to the victim’s head head at the factory.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the site photographs and cellular photographs;

1. Relevant Article 284 of the Criminal Act and Articles 283 (1) of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Even when there are grounds for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, consideration of the following facts: (a) a crime threatening the victim by injuringing the victim; (b) a crime committed contingent while being notified of a sudden dismissal; (c) a crime committed contingent upon the occurrence of the suspension of indictment; (d) a person has no record of criminal prosecution but has no record of criminal punishment; and (e)