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(영문) 의정부지방법원 고양지원 2015.12.22 2015고단2546
특수협박등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 19, 2015, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution for occupational breach of trust in the Goyang Branch of the District Court on June 19, 2015. The said judgment became final and conclusive on June 27, 2015.

1. A special intimidation: (a) around 03:40 on June 11, 2015, the Defendant, at the main point of “D” located in Soyang-gu, Soyang-gu, Goyang-si, Mayang-si, on the ground that the victim E (V, 29 years of age), who is an employee of his place of drinking alcohol, had engaged in the act as if he were at the time of drinking the victim by gathering an empty beer’s disease, which is a dangerous object listed in the table, and then, led the Defendant to act as if he were at the time of leaving the victim’s face with his hand, and then, threatened the victim by taking a dangerous object in the table.

2. The Defendant interfered with the business of the victim by force for about 20 minutes, such as avoiding the disturbance as above at the above time, at the above time, and at the above place, taking the main entrance door of the above 'D' operated by the victim F, thereby interfering with the victim's main store business.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F and E;

1. On-site CCTV image data;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Selection of a fine under Articles 284 and 283(1) of the Criminal Act and Article 314(1) of the Criminal Act for the crime concerned;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged (Assault) is as follows: (a) the Defendant, at the time and place specified in paragraph (1) of the facts constituting the crime in the judgment of the lower court, was in sight as above with the above victim E (the age of 29) and the victim’s left shoulder is pushed away one time in his/her hand; and (b) the victim is the victim’s body once again.

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