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(영문) 부산지방법원 동부지원 2017.03.15 2017고정159
특수협박등
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On October 17, 2016, the Defendant: (a) reported on around 21:35, 2016, in front of the Busan Metropolitan Transportation Daegu Apartment Complex Security Office, that the Defendant drinks the Victim D (48 tax) and the Victim E (45 years old), while under the influence of alcohol; and (b) reported on the following: (c) the Defendant’s feste of this weather, she: (d) 21:35, 201:

"...... the victims called "I return to their home," and the empty beer's disease in the Isra and go to the victims, and the victims "......., the victims called I am "......."

The Defendant carried a shoulderer’s disease, which is a dangerous object, and threatened the victims.

2. The Defendant assaulted the said victim on the same date and at the same place, by putting the head of the victim D’s scam and scambling three times, and 2-3 scamblings.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. The defendant alleged to the effect that he is "the defendant was only forced to go against D, and there was no threat or assault against the victims" in the past. In light of the facts acknowledged by the evidence duly adopted and investigated by the court, ① the victims' statements are specific and natural, ② the victims' statements are consistent with on-site photographs as well as witness's statements, it is found guilty in the facts charged of this case.

1. Articles 284, 283 (1) (a point of special intimidation) of the Criminal Act and Article 260 (1) 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. 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. Articles 70 and 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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