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(영문) 서울중앙지방법원 2019.05.01 2019고단509

특수협박등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 27, 2018, at around 23:45, the Defendant interfered with the business of the victim C, operated by the victim C in Jung-gu Seoul, Jung-gu, Seoul, caused the Defendant’s daily behaviors and vision, broken a small-scale illness on the floor of the table, putting the Defendant on the opening of the table where other customers are taking meals, putting him/her a sound called “in knife in knife”, and followed him/her on the door, and interfered with the victim’s business restaurant by force for about 10 minutes, such as threateninging other customers by putting the flife of the flife and threatening other customers.

2. The Defendant, at the time and place set forth in paragraph (1) of this Article, tried to refrain from entering the kitchen from the same victim C (n, 52 years old) to the kitchen, and the Defendant committed assault against the victim by taking the victim’s neck on one occasion by hand.

3. A special intimidation: (a) the Defendant: (b) took the string of a shoulder-sick-sick-sick-sick-sick-sick-sick-sick-sick-sicking sick-sicking sicking sprinks on the floor of hearing that the victim E (the above restaurant customer, 40 years of age) sprinks the victim’s husband; and (c) spacks the victim, stating that “Chewing and spacking-spacking spick-sp

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes concerning the investigation report (CCTV image);

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (a point of interference with business), Article 260(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, the choice of imprisonment with prison labor for the crime

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 (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Application of the sentencing criteria;

(a) Class 1 (Interference with Business) (Scope of Recommendation) (Scope of Business) shall be the basic area (Interference with Business).