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(영문) 춘천지방법원 속초지원 2019.06.05 2018고정82
특수협박등
Text

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

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

Reasons

Punishment of the crime

The defendant is a divorce relationship between victim B (n, 56 years of age) and about two years of age.

1. At around 17:50 on April 8, 2018, the Defendant: (a) was found in the D cafeteria where the victim was working in the Seocho-si, Seocho-si, the Defendant: (b) took the victim as his hand each item (87cm in length) which is a dangerous object in the cafeteria on the ground that the victim was not entitled to his own telephone; and (c) took the victim into account as his hand, and expressed his attitude that “the victim would inflict any harm on the victim’s body.”

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

2. The Defendant, at the time and place specified in the above Paragraph 1, obstructed the victim’s restaurant business by force by avoiding disturbance over about 10 minutes, such as threatening the victim and taking a bath.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. B written statements;

1. Application of the Act and subordinate statutes on CDs to 112 reported case processing lists, on-site photographs, CCTV-capf photographs, and CCTV images;

1. Relevant Article of the Criminal Act and Articles 284, 283 (1) of the Criminal Act (the occupation of intimidation with a deadly weapon and the choice of fines) and Article 314 (1) of the Criminal Act (the occupation of interference with business and the selection of fines) of the same Act concerning criminal facts;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognize the defendant's mistake, the defendant has no record of crime except that sentenced to a fine not later than 25 years prior to the imposition of a fine, the victim does not want the punishment of the defendant, the relationship between the defendant and the victim, and the circumstances of the crime of this case shall be determined as ordered in consideration of all the circumstances of sentencing.

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