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(영문) 의정부지방법원 2017.05.25 2016고정2520
협박등
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

1. On August 9, 2016, the Defendant: (a) sought the E-company office of the victim D working for the victim D in Namyang-si, Namyang-si, 2016, and demanded the victim to be present with the victim’s complaint against the loss after filing a civil lawsuit against the victim; and (b) requested the victim to be present with the victim’s complaint against the loss.

Nranccination and destruction of franchisat, which is, as a result of danger and injury, put in intimidation.

2. The Defendant, who did not comply with the request for withdrawal from the victim D at the time and place specified in paragraph 1, received several demands from the victim D, but on the same day, did not comply with the request for withdrawal for about about 40 minutes until the police officer called up for on the same day.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Application of the Acts and subordinate statutes governing the criminal place

1. Relevant legal provisions of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation), Article 319(2) and Article 319(1) of the Criminal Act (the point of refusing to withdraw), 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. 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;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

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