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(영문) 울산지방법원 2020.7.17.선고 2020고정87 판결
가.상해나.강요.
Cases

20,020 Fixed87 A. Bodily Injury

(b) coercion;

Defendant (the name of the defendant)

1.(a)NE, 75 years old, South and North Korea:

Residential Ulsan

Reference domicile

2. Mag-gu, 75-years, South and North, and self-employed;

Residential Ulsan

Reference domicile

Prosecutor

Kim Jong-sung (Lawsuit) and Kim Young-min (Trial)

Defense Counsel

Attorney Yoon Yoon-young

Imposition of Judgment

July 17, 2020

Text

Defendant South Korea shall be punished by a fine of KRW 3 million and by a fine of KRW 600,000,000. In the event that the Defendants did not pay the above fine, the Defendants shall be confined in the workhouse for the period calculated by converting each one million won into one day.

An order to pay an amount equivalent to each such fine shall be issued.

Reasons

Criminal facts

The husband of the new wife is the defendant's husband, and the father-gu of the defendant is the father of the new wife. The defendant's south became aware of the fact that the defendant's South Korea was a guest of the "Skak ○○○○○ operated by the new wife" and the fact that the new wife was linked to the victim's personal injury (35 years).

1. The Defendants’ co-principal (inception)

The Defendants, jointly by threatening the victim, had the victim make a compulsory statement of payment.

around 14:00 on June 7, 2019, the defendant Lee Nam-gu and Lee Dong-gu met the victim in Ulsan-gu ○○ Park for the foregoing reasons.

The Defendants made up a letter of commitment that the victim would pay 25 million won to the victim without the number of times the victim would have been forced to pay 25 million won by agreement after threatening the victim, such as the victim's statement "I might have died if I will live in several times", "I will kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't.

As such, the Defendants jointly threatened the victim to force the victim to perform an act that is not obligated to do so.

(b) The single criminal conduct in south of the defendant;

At around 14:50 on June 7, 2019, the Defendant used the victim’s right hand room at the above place for the foregoing reasons, and used the victim’s right hand room at one time and used the victim’s left scam so that he was in need of two weeks of treatment.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

○ Transfer of Defendant South: Articles 324(1), 30(a), and 257(1)(a) of the Criminal Act; selection of each fine

○ Defendant-Friendly Zone: Articles 324(1) and 30(a) of the Criminal Act, the choice of fines

1. Aggravation of concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Concurrent Punishment) of the Criminal Act

Articles 70(1) and 69(2) of the Criminal Act

1. Ad hoc payment order:

The reason for sentencing under Article 334(1) of the Criminal Procedure Act is not easy in light of the nature of the crime, such as the behavior or the time of coercion, the consequence of coercion, and the consequence of coercion. However, it is favorable for the Defendants to take into account the following circumstances: (a) the Defendants have no record of punishment exceeding the fine; (b) the Defendants have committed a crime; and (c) the Defendants are recognized as having committed a crime; and (d) the details that are contrary to the aforementioned circumstances. In addition, the Defendants’ age, character and conduct, motive and consequence of the crime, the circumstances after the crime, etc

Judges

The number of judges

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