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(영문) 서울북부지방법원 2017.04.13 2017고단512
협박
Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, each intimidation against the victim C.

Reasons

Punishment of the crime

On July 21, 2016, the Defendant was sentenced to ten months of imprisonment for the crime of obstruction of business, fraud, and assault at the Seoul Northern District Court, and completed the execution of the said sentence on January 13, 2017.

From January 17, 2017, the Defendant was working at the E market located in Seoul Jung-gu E market and was able to receive food from F while working at the e market, and there was no clear promise that the Defendant could receive food from F, but did not receive food from credit in a specific restaurant.

Nevertheless, from the end of January 2017 to February 2, 2017, the Defendant stated to the effect that “the Defendant provided food to the victim H, who is an employee of the said restaurant, on credit, because he/she was promised by the National Assembly of the Republic of Korea to provide food in the “G” restaurant from the National Assembly of the Republic of Korea, to provide food to the victim H, who is an employee of the said restaurant.” Although he/she was provided with meals free of charge from the injured party, he/she then heard the phrase “where he/she had no agreement with the outside party, so he/she would cause the victim to change food.”

1. On February 3, 2017, at around 08:00, the Defendant: (a) found in “G” restaurant where the victim H (W, 56 years of age) in Seoul Jung-gu is under the influence of alcohol; and (b) expressed the victim’s desire to close the door, thereby threateninging the victim.

2. On February 4, 2017, at around 08:20, the Defendant, while under the influence of alcohol in a “G” restaurant, such as that indicated in paragraph (1), threatened the victim H by saying, “I would be unable to perform funeral,” and the victim H by “I would die by sing, singinging, singinginginging, and singinginginging down.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment of criminal records by violence and attachment of judgment), status of acceptance by individuals, and application of text of judgment;

1. Relevant Article 283 of the Criminal Act concerning the facts constituting an offense and Article 283 (1) of the Criminal Act concerning the selection of punishment;

1. The Criminal Act for aggravated repeated crimes.

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