(영문) 울산지방법원 2020.10.29 2020고단1518

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(영문) 울산지방법원 2020.10.29 2020고단1518

특수협박

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

Around 09:50 on March 13, 2020, the Defendant: (a) thought that the victim was aware that he/she sold some shares without the Defendant’s permission while trading shares through the victim C (the age of 57) who was an employee B, and was dissatisfied with the victim’s complaint; (b) on the premise that on March 13, 2020, the victim did not sell shares but did not dispose of the shares; and (c) on the premise that the price drops between the victim and the victim did not dispose of the shares, he/she threatened him/herself with the victim, who was a dangerous object under custody in the new location of the Defendant’s dwelling (the total length of 35cm, width of 13.5cm, and 50cm in length).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on seizure and seizure lists, which have taken the police's written statement of statement C by hand;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have been committed by threatening the defendant's office, which is a dangerous object, and the crime of this case is considerably not good, and even if the defendant was under criminal trial due to drinking driving, he shall be punished by strict punishment. However, the defendant is recognized and reflects the crime, and there is no record of punishment except for the criminal record due to the violation of the Road Traffic Act, and it does not seem that there is ordinary assault inclination. The defendant is aged, the victim is currently seeking the punishment of the defendant, the victim does not want the punishment of the defendant, the motive and circumstances of the crime, the method and result of the crime, the circumstances after the crime, and the defendant.

참조조문

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