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(영문) 전주지방법원 2020.12.09 2020고정55
협박
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 the president of the Korean Federation BF branch of the North Korean Trade Union.

1. On April 5, 2019, the Defendant told victim E, a construction business entity, to change work at a container office for the construction of the Dmiddle School in Dongdaemun-gu Seoul Special Metropolitan City on April 5, 2019, but on the ground that the victim refused to change the unit price, “it is not so easy for our organization.” If our organization is not employed, this site shall not be received. In addition, we need to receive this site. To complete the construction, we will deliberate on the examination and decide by the day before the end of the construction day.” In the event that the Defendant did not accept his request, the victim threatened the victim as organized to cause any harm in the course of carrying out the construction work.

2. From April 8, 2019 to that of the Defendant

9. At around 14:00, the Seoul High School New Construction Project site in Seongdong-gu, Seoul High School located in the Jeonjin-gu, Seoul High School: (a) the two people move to the victim and the victim E; and (b) the victim stated, “I would like to make you unable to carry out on-site construction without regard to our organization and method unless we enter into a contract.” In the event that the victim does not respond to one’s request, the victim threatened the victim, on a systematic basis, to what kind of harm may be done in performing the work of the Corporation.

Summary of Evidence

1. Each legal statement of witness E, G, and H (each of the above statements of E is consistent and concrete. Each statement of G and H is consistent to a certain extent and cannot find out any particular reason unfavorable to the Defendant or favorable to E, and is different from the Defendant’s assertion and consistent with the E’s statement. In light of these points, each of the above statements is credibility.)

1. Each statement of E in the police interrogation protocol of the accused and F;

1. Application of each police protocol to E, G, and H

1. Article 283(1) of the Criminal Act and Article 283(1) of the same Act concerning the applicable criminal facts and the selection of punishment;

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