협박
Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
On July 8, 2018, the Defendant was unable to receive the refund of the deposit of KRW 60,000,000,000,000 from the Defendant Company D (54,000,000,000,000,000,000,000,000,000) from the Defendant around 22:2:0 on July 8, 2018; and
Then, we did not think about it, with the knowledge of her death, her theme;
이 썅년아! 오줌 똥, 씨 발, 구멍 다 막아 버리기 전에 어! ”라고 말을 하는 등 피해자의 생명과 신체에 위해를 가할 듯한 내용으로 피해자를 협박하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes governing recording records;
1. Relevant Article 283 of the Criminal Act concerning facts constituting an offense, Article 283 (1) of the Criminal Act selection of punishment, and selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, did not receive any doubt from the injured party.
In 2011, one-time fine has already been punished for the same crime of intimidation.
However, the Defendant recognized the instant crime and reflected his mistake.
Despite the expiration of the lease period, the Defendant, who was the tenant of a house owned by the victim, failed to recover the deposit amount of KRW 60 million from the victim, and appears to have caused the instant crime in the course of demanding the return of the deposit amount to the victim. However, there are some circumstances to be taken into account in the course of such crime.
Other circumstances revealed in the records and theories of this case, such as the background of the crime of this case, the age of the defendant and the victim, character and conduct of the defendant, living environment, and circumstances after the crime, shall be determined as ordered.