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(영문) 부산지방법원 2013.04.11 2012고정5573
협박등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

While the Defendant was a victim C (n, 52 years of age) and 5 years of age, the Defendant was able to keep the victim her hedging while having her hedging.

1. Intimidation;

A. On June 23, 2012, around 23:30, the Defendant, on the road in front of the “Ecafeteria” operated by the victim located in Busan Jin-gu D, Busan for the foregoing reasons, expressed the victim’s attitude to “Chewing and deadly harm the victim’s body.”

B. The defendant's injury

7. At around 23:30 on the same date, at the above location, the victim was threatened with the victim by stating that “Chewing years, whether or not funeral can be performed here, and that he/she will be unable to sit together his/her births, and that he/she will stop funeral services.”

C. At around 05:30 on the 22th day of the same month, the Defendant, at the above location, threatened the victim with a view to doing harm to the victim’s body, such as: (a) “Chewing funeral is available for the victim; (b) she was seated on the victim’s body; and (c) she was able to do so for the same reason.”

2. Around 12:40 on July 2, 2012, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance, such as attempting to recover the victim for the same reason at the above location, and by neglecting the victim’s restaurant business by force.

Summary of Evidence

1. C’s legal statement;

1. Application of Acts and subordinate statutes to investigation reports (general) and accompanying documents;

1. Article 283 (1) and Article 314 (1) of the Criminal Act, the applicable provisions of the Criminal Act and the choice of punishment for the crime, and the choice of fines;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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