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(영문) 전주지방법원 정읍지원 2016.07.26 2015고단434

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Special intimidation: (a) on July 8, 2015, the Defendant was a person operating a general restaurant called C restaurant in regular Eup/Myeon, and (b) on July 11:30, 2015, the Defendant expressed that, in F, the victim E (n, 73 years old) in regular Eup/Myeon D market, the Defendant was urged by the injured party to pay the credit amount to the injured party prior to the day on the ground that he was forced by the injured party to comply with the demand, knife (39cm in length) the victim was off from the upper part of the victim, and knife the victim’s two trends under the above, and expressed that “I will throw away the ship from the knife if reported, it will do so.”

2. The Defendant: (a) received a report from the victim at the same time and place as set forth in paragraph (1) and received a report from the victim for about one hour until the police arrives; and (b) obstructed the victim’s business operation by force.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) of the Criminal Act (the point of intimidation), Article 314(1) of the Criminal Act (the point of interference with business) and the choice of imprisonment with prison labor, respectively;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

(a) Basic crimes: Where the basic area (referring to six months to one year and six months) (referring to a person who is subject to special mitigation) of punishment is not subject to punishment, and the degree of interference with business is heavier than that of interfering with the business, which is set forth in Category 1 (Interference with Business).

(b) Concurrent Crimes: From six months to two years of imprisonment for a crime of special intimidation (the scope of a recommended punishment) within the mitigated area (4 months to one year of imprisonment) (a person who has been subject to special mitigation) (a person who has been subject to special mitigation) [a person] within the scope of final sentence due to the aggravation of a number of non-permanent crimes of punishment:

2. The crime of this case is committed by the defendant who had a knife, a deadly weapon, threatened the victim with his knife, failed, and obstructed the business of the victim.