Text
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who collects high water, and the victim C (the age of 54) is a person who singings and operates a singing room, and has been aware of it.
1. On July 30, 2015, from around 20:55 to around 21:10 the same day, the Defendant interfered with the Defendant’s business by force, by threatening customers who enter to use singing at the entrance of the “Esing room operated by the victim of 1st underground of Yeongdeungpo-gu Seoul Metropolitan Government D, Yeongdeungpo-gu, Seoul, to “not to open only if they enter this singing room,” thereby allowing them to return to customers, thereby interfering with the Defendant’s singing business.
2. Intimidation;
가. 피고인은 2015. 5. 3. 06:00 경 서울 영등포구 당 산로 121 영등포 구청 역 앞 노상에서 퇴근을 하고 있는 피해자를 쫓아와서 “ 너 묻어 버려, 가만히 안 둘 거야 ”라고 말하며 때리는 시늉을 하여 피해자를 협박하였다.
나. 피고인은 2015. 7. 25. 23:00 경 서울 영등포구 D 지하 1 층 'E 노래방 '에 들어가려고 하다가 피해자가 막 자 “ 가만 안 둬 ”라고 소리를 지르며 때리는 시늉을 하는 등 피해자를 협박하였다.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. Application of Acts and subordinate statutes to a investigation report (Submission of CCTV files related to a victim of the case);
1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 283(1) of the Criminal Act (the point of intimidation) and the selection of each fine 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;