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(영문) 대구지방법원 2017.11.23 2017고단5659

특수협박등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On July 14, 2016, the Defendant was sentenced to one year to imprisonment with prison labor for the crime of destroying special property at the Daegu District Court on July 14, 2016, and completed the execution of the sentence on May 27, 2017.

1. On October 6, 2017, at the D cafeteria located in Daegu Metropolitan City, Daegu Metropolitan City, the Defendant: (a) was a victim E (V, 60 years of age) who is an employee of the Defendant did not drink any more; and (b) was the victim “a Chewing year”; (c) was the victim, who was the employee of the Defendant.

The author expressed his attitude that he would cause harm to the victim, such as dumping the kitchen knife ( approximately 27 cm in total length, about 16 cm in length) prepared in advance, and sticking the kitchen knife ( approximately 27 cm in total length, about 16 cm in knife) three times in the table.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. The Defendant, at the time and place described in paragraph 1, could have avoided disturbance between about 20 minutes, including the following: (a) the Defendant: (b) posted the kitchen knife on the container of the victim F on three occasions; and (c) posted the kitchen knife on the container; and (d) made 112 reported calls and made it impossible to identify his name; and (b) the police officer in charge with whom it is impossible to identify his name by sending the knife on the container.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Police seizure records;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (report on confirmation of criminal records of the same kind of crime for the suspect, report on the same criminal records), personal confinement status, and application of judicial provisions

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 314(1) (a) (a point of interference with business) of the Criminal Act, and each choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Reasons for sentencing under Article 48(1)1 of the Criminal Act for sentencing of Article 48(1)1 of the Confiscation Act (amended by Act No. 1 of the same Act) is the aggravated area (one year to three years and six months) (the specially aggravated person).