logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.09.05 2018고단1595
특수협박등
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. A. Special intimidation: (a) on October 31, 2017, the Defendant: (b) through a “D” restaurant located in Pyeongtaek-gun, Gyeonggi-gun; (c) on October 31, 2017, the Defendant threatened the victim with a view to having a view to having a gate room, which is a dangerous object, on the ground that the Defendant was not repaid the amount of KRW 25,000,000 borrowed from the victim E (50) on the day he promised to borrow money from the Defendant; and (d) the Defendant threatened the victim.

B. The Defendant damaged a special property by having a computer monitor in the market price, which is the victim’s possession located in the restaurant accounting room, with a view to the open room, which is a dangerous object for the same reason at the time and place of the above paragraph (a).

2. Defendant B, at the time, at the time, and at the place specified in the foregoing paragraph 1, allowed A to commit a crime as above, and brought the camping net to that person, thereby facilitating A’s crime of special intimidation and damage to special property.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness E;

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police for E;

1. Application of statutes on site photographs;

1. Defendant A: Articles 284, 283(1) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, and Articles 366 of the Criminal Act, Defendant B who selects a fine for a crime: Articles 284, 283(1), and 32(1) of the Criminal Act, Articles 369(1), 366, and 32(1) of the Criminal Act, and each option of fine;

1. Defendant B who is eligible for mitigation: Article 32(2) and Article 55(1)3 of the Criminal Act;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act is to be taken into account in the course of the instant crime, and all the Defendants repent and reflect their mistakes, and the victim wants to punish the Defendants.

arrow