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(영문) 청주지방법원 2017.09.19 2017고단772

특수협박등

Text

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

1. On April 10, 2017, from around 14:30 to October 15:10 of the same day, the Defendant: (a) took a bath for the victim D (23 tax) who is an employee at the store located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) on March 2017, on the ground that the smartphone sold to Haman on the ground that it is not the latest smartphone; (c) took up smartphones toward the victim; and (d) made it impossible to carry out this store business.

“Fresh,” and “brests to customers,” and breed approximately 40 minutes by preventing customers from entering the store entrance.”

Accordingly, the defendant interfered with the victim's mobile phone sales by force.

2. Special intimidation Defendant, like paragraph 1, finds in the above store in around 15:20 another time on the same day with a knife knife, after leaving the disturbance, carrying the knife in a knife in the Defendant’s residence, and knife knife (33 cm in total length, 20 cm in knife) that is a dangerous object of the said victim’s knife and throw away the knife from the victim’s knife.

씨부랄놈아, 너 죽이고 나 감방 가면 돼 ”라고 말하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Police seizure records and list of seizure;

1. Investigation report (related to the situation at the time of damage);

1. Application of the CCTV storage CD-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) of the Criminal Act (the point of intimidation to carry dangerous articles), Article 314(1) of the Criminal Act (the point of interference with duties by force), and the choice of imprisonment with prison labor for each of the following reasons:

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Crimes of intimidation, which are the grounds for sentencing under Article 48(1)1 of the Criminal Act (hereinafter referred to as "refinites") of the Criminal Act.