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(영문) 광주지방법원 해남지원 2013.05.08 2013고정18
협박등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around July 13, 2012, the Defendant threatened the victim on the ground that his wife C was dismissed due to the victim D on July 13, 2012 by the phone, stating, “this spacker and the four-round office spacker shall be discarded from a day off to a day off. In addition, the Defendant: (a) taken up the victim’s office at one hand; (b) taken off the victim’s office at one hand; and (c) threatened the victim.”

2. 업무방해 피고인은 2012. 7. 16. 13:30경 전남 진도군 E에 있는 피해자 D이 근무하는 사무실에서, 자신의 처 C이 피해자 때문에 해고당하였다는 이유로 감리업무를 하려던 피해자에게 “이 개새끼, 씨발새끼”라고 욕설을 하고, 이에 사무실과 연결된 방으로 도망한 피해자에게 “똘아이새끼, 두고 보자, 현장 확 뒤집어 엎어버리겠다”라면서 방 문을 발로 차는 등 약 25분 동안 소란을 피워 위력으로 피해자의 감리업무를 방해하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Application of Acts and subordinate statutes to the petition and record of complaint;

1. Relevant Article 283 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of intimidation and the choice of fines) of the same Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserts that, although the Defendant had her talked with the victim, it is excessive to the extent that it is ordinarily able to lead a social life, there was only her talk with his hand in relation to the obstruction of business, and there was no desire to do so, and that such behavior is also an act of common use.

2.(1)In the context of a crime of intimidation means the threat of harm and danger to the extent that it may cause fears by a person, and at least the occurrence of a crime of intimidation is possible.

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