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(영문) 서울동부지방법원 2016.08.25 2016고단1543

특수협박

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:00 on May 22, 2016, the Defendant entered a convenience store operated by the Victim C (43) located in Gangdong-gu Seoul Metropolitan Government, and heard from the injured person the speech that he cannot drink in the outside table of the business place in the middle of the night.

It will not operate business.

“Around 10 minutes of the day-to-day day-day day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-to-day day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Evidence photographs;

1. Application of Acts and subordinate statutes to investigation reports (verification of these images);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Sentencing Criteria [Scope of Recommendation] Type 4 (Special Intimidation for Habitual Offense) of the Act on Terrorism (Special Intimidation) : The basic area (referring to 6 months to 1 year and 6 months) (the person who has no special sentencing seal).

2. The crime of this case committed by the Defendant on the sentence of sentence was committed against the victim who neglected at the convenience point of the new wall time with a view to getting the victim to the calculation unit and threatening him/her several times, which is a dangerous object, and taking a bath, etc.

The punishment shall be determined by taking into account the following factors: (a) the risk of the above criminal act; (b) the victim sought the punishment of the defendant; and (c) the defendant did not take measures such as recovery of damage until now; (d) the defendant committed the same kind of criminal act even though he/she was punished by a fine or suspended execution on several occasions due to violence; and (e) any other factors of sentencing as shown in the records, such as the defendant’