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(영문) 서울동부지방법원 2016.05.11 2016고단297
특수협박등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to three years of imprisonment with labor for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at the Seoul Western District Court on January 9, 2015, and the said judgment becomes final and conclusive on January 17, 2015, and is currently under the grace period.

[Criminal facts]

1. Around January 30, 2016, the Defendant: (a) requested the victim “D cafeteria” located in Seongdong-gu Seoul, Seongdong-gu, Seoul to allow the victim to use the said restaurant’s phone; (b) but was refused, the Defendant collected the hacked fish, which is a dangerous object on the table; and (c) took the hacked fish, “hacking off, string down, and down down,” and threatened the victim’s face.

2. The Defendant, at the same time and place as Paragraph 1, refused a request to allow the victim to use the restaurant phone at his/her hand, thereby obstructing the victim’s restaurant business by force by avoiding disturbance for about one hour, while leaving a lid which was opened on the floor and bringing the victim’s lid by large sounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions in disposition, and application of the text of judgment;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 314(1) (a) of the Criminal Act, and the choice of fines for a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was subject to a disposition of juvenile protection due to the same kind of crime, etc. In particular, even though he/she was sentenced to a suspended sentence of three years due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse on or around January 2015, the instant case is during the suspended sentence.

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