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(영문) 울산지방법원 2016.05.17 2016고단600
특수협박
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant is the head of “C”, which is the refined landing point in Ulsan-gu, Ulsan-gu, and the victim D (39 years of age) is an employee who was to work at the above refined landing point until January 25, 2016 and dices alcohol on January 24, 2016.

On January 24, 2016, the Defendant appeared to work at the above fixed landing point at around 08:30 on the ground that the injured party did not work at the fixed landing point, put a knife knife knife in a vinyl knife, which was located at the night, into a vinyl knife, and found the above knife knife knife E apartment at around 09:30 on the same day to be a lodging place for the employees of the above fixed landing point at around 1505.

After that, the defendant around that time is suffering from the victim's "at the above accommodation without going to work."

”라고 하면서 피해자의 휴대전화를 가지고 갔으나 피해 자로부터 휴대전화를 돌려 달라고 요구 받자 위 정육용 칼을 손에 들고 피해자에게 “ 나 칼 들고 있다, 술 덜 깼다 ”라고 하여 마치 피해자가 빨리 출근하지 않을 경우 위 정육용 칼로 찌를 듯이 말하여 피해자를 협박하였다.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning the crime, the selection of fines (the defendant had the intent to use the blade);

It is difficult to see the contents of intimidation as active, and considering the fact that the victim does not want the punishment of the defendant, there is no serious criminal history, etc.

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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