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(영문) 수원지방법원 2018.11.08 2018고단4187

특수협박등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On May 22, 2018, the Defendant revised the business registration certificate attached to the agreement submitted by the Defendant C in Suwon-si B in accordance with the business registration certificate attached to the agreement submitted by the Defendant C.

가운 영하는 ‘D’ 음식점에서, 그곳에 있던 손님인 피해자 E(19 세) 가 피고인을 기분 나쁘게 쳐다봤다는 이유 등으로 시비가 되어 “ 왜 쳐다봐, 씨 발 놈 아, 아들뻘 되는 새끼가 왜 쳐다봐 ”라고 큰소리를 지르고, 음식점 안에 있던 의자를 집어들고 위 피해자 E을 향하여 집어던지려고 하고, 계속하여 “ 칼 어디 있어, 죽여 버리게 ”라고 소리치면서 위 음식점 주방 안으로 들어가 위험한 물건인 식칼( 총 길이 38cm, 칼날 26cm) 1개를 집어들고 피해자 E을 향하여 달려들어 위협하는 등 약 5분 동안 소란을 피워, 위 음식점에 있던 손님들이 밖으로 나가도록 하였다.

In this respect, the defendant threatened the victim E with dangerous articles, and interfered with the victim C's restaurant business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement F and C;

1. Investigation report (field CCTV verification and investigation);

1. Application of CCTV Acts and subordinate statutes to Chapter Two Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 314 of the Criminal Act, the selection of fines for the 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. Invitation of a workhouse;

1. The Defendant’s reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was sentenced to one year’s imprisonment with prison labor for a crime related to narcotics in 198, two years’ imprisonment with prison labor for a year of 2005, one year and two years’ imprisonment with prison labor for a year of 2005, three years’ imprisonment with prison labor for a year of 2007, and one year’s imprisonment with prison labor for a year of April 17, 2013 and January 21, 2007, and finally completed the execution of the sentence at the Suwon Detention House on September 28, 2016. The Defendant was sentenced to two times’s imprisonment with prison labor for a crime related to violence before the instant case, and one of them was sentenced to a fine on December 13, 2017, which was six months before the instant case.