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(영문) 인천지방법원 2016.03.31 2015고합656
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

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

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

Reasons

Punishment of the crime

1. On May 25, 2015, the Defendant: (a) requested the victim D (the 52-year old), located in Seo-gu Incheon, Seo-gu, Incheon (the 52-year-old), to leave another single on the ground that he/she is not in the mind of the single of the single; and (b) requested the victim to leave another single on the ground that he/she is not in the way of the single of the single; (c) but the victim refused the request; and (d) the victim would not leave the single until the other single of the s

".......................... called ".................."

“The victim requires the amount of alcohol value by intimidation to the victim, and the police officer who was called to the above singing room demands a certain amount of money on the condition of reporting to the victim, and the victim is arrested as a current offender and accompanied to the police team, and the victim is free from custody.”

The term "intimidating the victim," and the victim tried to take money from the victim, but the victim did not have the intention to refuse it, but did not have the intention to do so.

2. On June 16, 2015, at around 22:30 on June 16, 2015, the Defendant: (a) demanded the victim’s “singing room” operated by the Victim F (F, 52 years of age) located in Seo-gu Incheon, Seo-gu, Incheon; (b) the victim refused the request, but the victim rejected the request; (c) the victim filed a report with the police.

“Along with sound, the noise did not take place in singing, thereby obstructing the victim’s singing operation by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D or F in part;

1. Statement made by the police with regard to D;

1. A written statement;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Articles 352 and 350 (1) of the Criminal Act (the attempted crime, the choice of fines) concerning the selection of punishment, and Article 314 (1) of the Criminal Act (the point of interference with business and the selection of fines);

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment imposed on a person who interferes with heavier business operations) of the aggravated concurrent crimes shall be 1.

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