beta
(영문) 대전지방법원 천안지원 2016.08.19 2016고단1199

특수협박등

Text

The punishment of the accused shall be eight months by imprisonment.

The seized Aluminium luminium stack (No. 2) shall be one (No. 2).

Reasons

Punishment of the crime

On May 31, 2016, the Defendant was sentenced to a suspended sentence of two years for a special injury in the Daejeon District Court's Branch of the Daejeon District Court on August 31, 2016, and the said judgment became final and conclusive on June 8, 2016, and is currently under the suspended sentence.

1. On June 27, 2016, the Defendant interfered with the business of the Defendant: (a) at the “D main store located in Seo-gu, Seo-gu, Seocheon-gu; (b) at around 22:15, the victim E (53 tax) who is the owner of the said main store; and (c) the victim F (26 tax) who is the employee of the said main store, the Defendant interfered with the victim’s main store business by raising a large voice of “the ebbbb b. b. h. h. h. f. h. h. h. h. h. h. h. h. k. h. k. k. k.

2. At the time and place set forth in paragraph 1, the Defendant: (a) expressed the attitude that the Defendant would pose a threat, such as: (b) taking out a string line of GF Sota car operated by the Defendant and a dangerous object; (c) alkining an Aluminium air-proof net (mix 84 cm in length) to the victims; and (d) harming the victims; and (c) posing any harm and injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and F;

1. E statements;

1. Investigation report (the CCTV counter-investigation) (D main CCTV);

1. Image records of CCTV located in D main points and photographs of camping nets;

1. Seizure records;

1. Previous offense: The Daejeon District Court's Decision (2016 High Court's Decision 309 High Court's 2016 High Court's Decision), inquiry letter, summary information inquiry of the case, and application of the text of the judgment;

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. 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;

1. Application of the sentencing criteria;

(a) Type 4 (Habitual, Cumulative, and Special Intimidation) (Determination of the territory of recommendation), the basic area [the scope of recommendation] from 6 months to 1 year and 6 months; and

(b) Category 1 (Interference with Business) interferes with the operations of Category 2 (Determinations).