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(영문) 대전지방법원 2014.09.03 2014고정789
협박
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

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

Reasons

Punishment of the crime

The Defendant: (a) was the general secretary of the business territory of the Daejeon-dong D shop operated by the victim and C; and (b) was replaced at the shopping mall in the recent shopping mall; (c) on the ground that the victim’s appraisal was not good for the reason that the victim would replace the above C with the general secretary and cause the private person to the members of the shopping mall; (d) on the second floor of the shopping mall, the Defendant thought that the Defendant had a strong sense of a coffee set up in the shopping mall and filed a civil petition in the Dong-gu office; and (e) on March 13, 2014, the Defendant reported that the victim was the victim’s F (57 years old) who was in the office after completing the election of the general secretary at the shopping mall meeting of the shopping mall, and that the victim would not make a threat to the victim by taking advantage of the disorder in the b).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement G and F (the defendant is merely a statement made in general labor speech, and the defendant did not intend to threaten F. However, considering the witness's statement, the defendant's specific harm and injury towards F. Thus, the defendant's assertion in this part is without merit) is applied to the law.

1. Relevant Article of the Criminal Act and Article 283 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the defendant, and the victim seems to have been punished several times. However, in light of all the circumstances such as the fact that the victim appears to have received a considerable mental impulse due to the instant case, and the content and circumstances of other intimidation, it is reasonable to impose a fine of one million won within the scope of the statutory penalty (a imprisonment for not more than three years, a fine not exceeding five million won, a penal detention, a minor fine).

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