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(영문) 광주지방법원 2016.08.11 2016고단1431
협박등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On February 11, 2016, on the ground that the victim B was not well aware of his/her own phone, the Defendant threatened the victim by transmitting a voice message containing “B Nedog, Nedog, Larar Dog Doghhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

2. Obstruction of business;

A. On February 11, 2016, the Defendant: (a) had threatened B as indicated in paragraph (1) around February 11, 2016; (b) had mind to directly find the victim C, who is the wife B; and (c) released the Defendant kid in the E Beauty room operated by the victim in 15:30 on the same day, at around 15:30 on the same day; and (d) had a matf, which the Defendant kid; and (c) in front of the beauty customers.

For about 30 minutes, such as voice "no person may be able to water," the victim's beauty room business was obstructed by force by avoiding disturbance.

B. On February 11, 2016, at around 18:05, the Defendant interfered with the victim’s beauty room business by force by avoiding a disturbance for about five minutes, such as “I am again, I am am again, I am son, I am am son, I am am son, I am am am son, I am am am son, I am am son.”

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of B and C;

1. Investigation report (Attachment of CCTV photographs installed at the scene of crime);

1. The application of Acts and subordinate statutes to report internal investigation (the attachment of recording notes and tape-recording files submitted by the victim);

1. Relevant legal provisions of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation), Article 314(1) of the Criminal Act (the point of interference with business), and the selection of fines for the crime;

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

1. The order of detention in a workhouse is issued for the reasons under Articles 70(1) and 69(2) of the Criminal Act.

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