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(영문) 부산지방법원 동부지원 2021.01.20 2020고정131
협박
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 24, 2019, around 03:51 around 03:51, the Defendant is located within the luminous Zone of the Busan Southern Police Station located in 295-ro, U.S. 22, U.S., the Busan Southern Police Station, and around 03:20 on the same day, the Defendant is running “C Mina” operated by the Victim B.

Whether the victim, who made a statement to the effect that he interfered with the business of the victim by avoiding disturbance and by force as seen earlier, is entitled to engage in funeral services in the future.

“In the end, the victim threatened the victim.”

Summary of Evidence

1. Each protocol of examination of witness D and E in the witness B's legal statement D and E [the defendant and his defense counsel did not have any fact of intimidation to the victim and did not have any intention of intimidation to the defendant;

The argument is asserted.

The following circumstances acknowledged by the above evidence, i.e., the police officers, as well as the victim, at the time, engaged in the foregoing Mine Residential Zone, also told the victim as above.

In this court’s statement, the Defendant appears to have frightened or frighted the disturbance even before committing the instant crime at a business establishment operated by the victimized person, and even before committing the instant crime, the Defendant reported the disturbance to the police by causing the disturbance to the victim at the business establishment immediately before committing the instant crime. In light of the fact that the Defendant’s statement in this circumstance appears to be sufficient to cause fear to the Defendant, it is recognized that there was an intentional act of intimidation and intimidation by the Defendant.

1. Article 283 (1) of the Criminal Act applicable to the relevant criminal facts and Article 283 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. All the circumstances indicated in the instant case, such as the Defendant’s age, sex, motive, means and consequence of the commission of the crime, etc., are as follows: (a) there are many records of criminal punishment due to interference with the reason of sentencing under Article 334(1) of the Criminal Procedure Act; and (b) the Defendant’s age, sex, motive, means and consequence of the crime.

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