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(영문) 대구지방법원 2015.06.26 2015고정286
협박등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On June 12, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Bribery) at the Daegu District Court on the 20th day of the same month and the judgment became final and conclusive on the 20th day of the same month.

【Criminal Facts】

1. 협박 피고인은 2014. 4. 20.경 남양주시 C에 있는 피해자 D(여, 54세) 운영의 E 제과점에서, 피해자가 피고인의 딸이 같은 날 오전경 구입한 유통기간이 2014. 4. 20.인 케이크를 유통기간이 충분히 남은 케이크로 교환하여 주지 않는다는 이유로 화가 나 피해자에게 “이거 왜 안 바꿔 줘, 니가 인간이야, 이런 씨발, 욕 팍팍 나오게 만드네, 너는 법만 아니면 죽었어”라고 소리쳐 피해자를 협박하였다.

2. On April 20, 2014, the Defendant engaged in one person’s demonstration by laying the cocket stating, “I inform the EM business owner on the road prior to the foregoing E’s task task. I am scocks and bread are on the same day, and will not be sold and changed.”

However, in fact, the victim sold the case to his wife at the above time on the last day of the expiration date of the distribution period, and the defendant, who became aware of this, demanded the exchange of the case with sufficient remaining days of the distribution period, but the victim rejected to the effect that it cannot be exchanged because the victim sold the case within the distribution period.

As above, around April 20, 2014 and around the 21st day of the same month, the Defendant: (a) engaged in the demonstration using the above methods, thereby spreading false information; and (b) interfered with the victim’s task operation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. On-site photographs;

1. USB (CCTV video, voice file, and photograph file);

1. Previouss before ruling: Criminal history records, written judgments, details of case search, and defense counsel asserts that there has been no speech that the defendant has made a statement that would constitute intimidation to the victim;

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