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(영문) 대전지방법원 천안지원 2017.09.21 2017고단1207

특수협박

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.

seizure.

Reasons

Punishment of the crime

On January 20, 2017, the victim D(the age of 53) provided the defendant with the shop for marina area E in Asia-si around January 20, 2017 and accepted the shop for KRW 60 million, but around April 2017, the defendant was subject to a request for eviction from the building owner due to the fact that the defendant was controlled by arranging sexual traffic at the above shop.

At around 20:40 on April 20, 2017, the Defendant: (a) stated that the Defendant’s operation “G” located in Asan City F refers to the victims who were resisted by the victim D and the victim H (the age of 53) that he did not know the fact of crackdown by engaging in commercial sex acts; (b) however, the victims were sent to the victims; (c) while the victims were in custody in the kitchen, they used the kitchen, which is a deadly weapon (the total length of 32cc and the blade length of 20.5cm) and used the kitchen, which is a deadly weapon (the total length of 32cc and the blade length of 20.5cm) and threatened the victims.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. The defendant's legal statement (the fourth public trial date);

1. Legal statement of the witness D;

1. Statement protocol (H);

1. Copy of business registration certificate;

1. A protocol of seizure and a list of seizure;

1. On-site photographs and photographs of seized articles;

1. Application of investigation reports (verification of on-site CCTV image data), and statutes to take off on-site video images and photographs;

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] The mitigated area of Article 48(1)1 of the Act on the Punishment of Terrorism [the scope of recommendations] [the person who has been subject to special mitigation] is not subject to punishment [the decision of sentence] [the details of the instant crime, the degree of intimidation made to the victims, the defendant's attitude in this court, and the defendant has no record of criminal punishment after naturalization to the Republic of Korea.