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(영문) 의정부지방법원 2017.07.13 2017고정1039
협박등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in the household sales business under the trade name of “B”, and the victim C is a person who operates the household store of “E” with the husband D.

around July 2015, the Defendant sold a household to the above “E”, and there was a dispute with the victim and D due to the refund and exchange of the said household.

On November 1, 2016, 04:30, the Defendant posted a letter "C, G, and H" on the part of the victim's "Kakaototo" bulletin board using a cell phone on the ground that the victim is avoiding his/her contact, and then sent the above letter to three persons, such as C, G, and H, on the ground that he/she had no contact.

Accordingly, the defendant threatened the victim, and made a patent insulting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Data to be submitted to each victim (including the written complaint);

1. Application of Acts and subordinate statutes of a criminal investigation report (including attachment of rent for reference D submission);

1. Article 283 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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