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(영문) 제주지방법원 2020.03.20 2019고정417
특수협박등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 22, 2019, the Defendant damaged the market price of the victims, who had the victim’s interest in the Mandong’s entrance and exit, to the extent that the victim C did not lease the 1st floor of the said “E store” to the Defendant at the “E store” operated jointly by the victim C and the victim D, who is the Defendant of the Defendant in Seopo-si, Seopo-si, Seopo-si.

2. Around February 2, 2019, the Defendant, at around 18:40 on February 2, 2019, assaulted the victim C(77 years of age) by stating that the victim C(77 years of age) was able to have a knife a knife, which is a dangerous object under the influence of alcohol, while being able to raise objections to the work and inheritance issues facing the knife D prior to the said “E Sales”).

3. On February 3, 2019, the Defendant interfered with the business of the victim C and the victim D, a joint operator of the “E Sales” as of February 3, 2019, who reported himself/herself to the police, interfered with the victim’s work operation by avoiding disturbance by force. The Defendant interfered with the victim’s work by forcing the victims and their customers who were at the same time to avoid disturbance, including: (a) the victim C and the victim D, who were the joint operator of the “E Sales”, to monitor the cost of drinking or drinking, and to walk the gate, and to the victim and their customers.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each written statement of D;

1. Relevant photographs, on-site photographs, and investigation reports (Attachment ofCCTV images and caps) (The defendant and the defense counsel denied the special intimidation, but in light of the evidence above, the defendant and the defense counsel may be found guilty of facts constituting the crime of special intimidation).

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act (the point of intimidation to carry dangerous articles, the choice of fines), Article 314 (1) of the Criminal Act (the point of interference with business, the selection of fines).

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

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

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