(영문) 서울남부지방법원 2019.05.22 2019고정307

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(영문) 서울남부지방법원 2019.05.22 2019고정307

협박

Text

Defendant shall be punished by a fine of KRW 500,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On August 26, 2018, from around 22:00 to 24:00 of the same day, the Defendant threatened the victim of the bus stop located near the “D cafeteria” operated by the victim C (Nam, 37 years of age) in Yangcheon-gu Seoul, with a daily strike from the victim’s store to the victim’s cell phone to make the victim feel a complaint against the fact that the victim did not receive the desired wage, and by calls from the victim’s cell phone to the victim’s cell phone, the Defendant threatened the victim “to make the victim know that he would come up to the Internet of the width, and to make the victim know that he would come up with the width, and to file a complaint on the fourth Internet.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes governing sound recording files CDs;

1. Relevant Article 283 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. In light of the Criminal Procedure Act Article 334(1) of the provisional payment order’s unfavorable circumstances: (a) in light of the method and behavior of the crime committed by the defendant, such as unilaterally taking a bath and intimidation, etc., the nature of the crime is not somewhat weak; and (b) circumstances favorable to the defendant’s failure to receive wages in the restaurant where the defendant worked as a part-time employee, which led to the instant crime in the course of expressing a complaint that the defendant did not receive wages properly; and (c) there are some circumstances to be taken into account the circumstances, such as the circumstances and other circumstances, such as the defendant’s age, character and behavior, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the sentence is determined as per the order, taking into account the circumstances

참조조문

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