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(영문) 서울서부지방법원 2016.01.15 2013고단116
특수협박등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around January 6, 2013, at around 04:40, the Defendant: (a) did not pay KRW 5,000,00 of the entrance fee under the influence of alcohol to the victim G (29) located in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) the Defendant: (c) prevented the victim from doing so; (d) caused the brue of an empty beer, which is a dangerous object at the same time; and (e) threatened the victim with the victim, by showing the attitude that the victim would have been able to do so.

2. The Defendant interfered with the business of the victim by threatening the victim at the time, time, and place mentioned in the above paragraph (1) as above, and thereby obstructing the victim’s main business by force for about 40 minutes by: (a) entering into the main point of “H” and making it difficult for customers who were suffering from the Defendant to enter the said main point of “W.” and (b) preventing them from entering the said main point of view on the ground that the Defendant lost the victim’s sket.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the laws and regulations of I and J;

1. Articles 284, 283 (1) (a point of special intimidation) of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each selective fine for punishment (with regard to all the circumstances, including the fact that both of the crimes in this case are recognized and the mistake of the offender is divided, that there is no past record of criminal punishment in Korea, family relations, etc.);

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;

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