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(영문) 서울중앙지방법원 2018.10.04 2017고정3848
협박
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

around 09:53 on August 29, 2017, the Defendant: (a) at the Dobong-dong post office in Seoul Special Metropolitan City, Seocheon-ro, Seoul Special Metropolitan City, Seocheon-ro, 249-1, set up the clocks on the opening, set off the opening by clocking the opening, and cut off the opening by clocks.

Sheet, tear, well-known tear, on the face of Q, the victim M, and on the face of Q, the victim M, shall be attached.

“L,” which is the office of the victim in Jongno-gu Seoul Metropolitan Government R apartment S, posted to the said parcel and threatened the victim by having the victim receive the said parcel from around 15:00 on the following day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness M;

1. Statement made by the police against M;

1. A protocol of seizure and a list of seizure;

1. An investigation report (related to CCTV images of the post office in Dobong-dong);

1. Each evidence photograph [In full view of all the circumstances, such as the relationship between the defendant and the victim known by the above evidence, the motive and background leading up to the dispatch of the mail as indicated by the defendant to the victim, the specific contents and method of expression of the harm and injury notified by the defendant through the above mail, the type and shape of the sealed each item, the circumstances before and after the notice, etc., it may be sufficiently recognized that the defendant had the intention of intimidation against the victim at the time of the delivery of the above mail, and the contents of the harm and injury contained in the above mail shall be deemed to have reached the extent that the victim may feel fear, considering the whole

Application of Statutes

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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