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(영문) 광주지방법원 2020.11.04 2020고단3469

특수협박등

Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant was living in Seo-gu building, Seo-gu, and the defendant living in Dong-dong D, and the victim E is a person who operates F on the first floor of the above building.

1. Around July 6, 2020, the Defendant threatened the victim, such as “I slick, I am slick, I am slick, I am knick, and I am knife I am knife I am knife I am knife I am knife I am knife I am knife I am. I am am knife I am knife I am knife I am. I am am knife I am. I am am knife I am. I am am knife I am. I am am knife I am.”

2. The Defendant interfered with the business of the victim by force for about 15 minutes, including the date and time indicated in the above paragraph (1) and the reason that customers are slick at the place, and 6 customers G, etc., who flicking the disturbance and drinking the disturbance out of the place, thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of respective Acts and subordinate statutes of E, G and H;

1. Relevant provisions of the Criminal Act and Articles 284, 283(1) of the Criminal Act that apply to criminal facts, the choice of punishment, and Article 314(1) of the Criminal Act (the occupation of interference with business and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: One month to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Intimidation) (Special Intimidation) (Special Intimidation). Intimidation [Type 4] Cumulative Offense, Special Intimidation (Special Intimidation) - mitigated element: In cases of committing a crime against an unspecified or a large number of victims (the area of recommendation and the scope of recommendation), the basic area of the crime (the area of recommendation and the scope of recommendation), four months to one year and six months (general person)

(b) Second crimes (unestablished crimes).