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(영문) 서울북부지방법원 2018.12.14 2018고단3961

특수협박

Text

Defendants shall be punished by imprisonment for six months.

However, the defendant B shall be sentenced to the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 4, 2018, at around 23:00, the Defendant heard the phrase “D” indoor packaging car located in Seoul Special Metropolitan City, Nowon-gu, that he would not speak against the injured party during the victim E and drinking, and made a dispute, Defendant A’s intimidationd the victim by putting him a knife (27 cm in length) for the main stop (27 cm in length) which is an object dangerous to the victim, while she took a dispute.

2. Defendant B, without reporting to the competent authorities on July 4, 2018, operated general restaurant businesses with the trade name “D” in Seoul Special Metropolitan City, Nowon-gu, with equipment such as a consignor, chair, cooling house, and kitchen.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs of knife and business concern;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 284 and 283(1) of the Criminal Act (the choice of imprisonment)

B. Defendant B: Article 97 Subparag. 1 and Article 37 Subparag. 4 (Selection of Imprisonment) of the Food Sanitation Act

1. Defendant B: The crime of this case committed by Defendant A with the reason of sentencing under Article 62(1) of the Criminal Act is committed by threatening that the Defendant would with a knife and with a knife and with a knife while the Defendant had a knife with the victim, and thus, the nature of the crime is not good; the fear of the victim's knife seems to have considerably significant; the Defendant had been punished several times for violent crimes; and the Defendant did not agree with the victim, the Defendant shall be sentenced to the punishment in consideration of the fact that the Defendant has committed a serious violation of his mistake; the Defendant has no criminal record; the Defendant has no criminal record; and all of the sentencing conditions specified in Article 51 of the Criminal Act as stated in the records are determined as ordered.

Defendant

B The Defendant has been continuously running the unreported business for this reason, and in the process, ten times a fine is imposed due to a violation of the Food Sanitation Act.