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(영문) 울산지방법원 2019.05.09 2019고단328
협박등
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

At around 2010, the Defendant ordered food in the “D” operated by the Nam-gu Seoul Metropolitan Government Victim C (n, 61 years of age) to sell food, compared to the price, and claimed food to the injured party. After doing so, at any time, the Defendant took a bath for the injured party from time to time.

1. At around 05:10 on December 7, 2018, the Defendant threatened the victim three times from the above date to December 9, 2018, as indicated in the list of crimes, the Defendant threatened the victim on three occasions, namely, “I wish to kill the victim, I would like to kill the same elderly, but next, I would have a knife with a knife with a knife without a sound.”

2. On December 23, 2018, the Defendant interfered with business, on the ground that the victim previously reported the Defendant to the police at D around 04:15, on the ground that he reported the Defendant to the police, the Defendant was unable to resist the victim’s failure of “drawing our Marina, 199,” and the Defendant was able to resist about 20 minutes, such as: (a) the customer, who reported the failure, expressed the Defendant’s desire to attract the defect to the customer; and (b) the customer, who expressed the desire to take the defect to the said customer,

Accordingly, the defendant interfered with the operation of the victim's restaurant by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 283(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 283(1) of the Criminal Act, the selection of fines for the crime in question;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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