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(영문) 부산지방법원 2018.09.28 2018고단3296

특수협박등

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Special intimidation, damage to property, etc. on July 17, 2018, the Defendant received a victim’s phone from the Defendant on the ground that the Defendant did not receive the victim’s phone even though the victim got a phone between the victim and another customer, at the 3rd room of “singing room” operated by the victim C (n.e., 59 years of age) in Busan-gu B, Busan-do.

C. C. P. R. R. R. R. L. L. L.C.

“In doing a bath, the attitude that the victim was able to see by gathering two mains, which are dangerous things on the tables, with the view that they were able to see the victim. On the table, approximately 18 glass residues, such as two mains on the tables, and one of the 18 and one of the plastic ices in hand, tightly pushed off, and the table was followed.

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

2. The Defendant, at the same time and place as above, took away away from the said victim’s room 3, breath and drive away from the victim, and sounded whether the said victim d(31) (31) was an employee, as well as the defect, “Ch, Ch.” and 20 minutes of his failure.

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

1. Statement by the defendant in court;

2. Each police statement made with respect to C and D;

3. Each photograph;

4. Application of the Police Investigation Report Act

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Specific intimidation: Articles 284 and 283(1) of the Criminal Act (the choice of imprisonment);

(b) point of damaging property: Article 366 of the Criminal Act;

(c) point of interference with business: Article 314 (1) of the Criminal Act (the choice of imprisonment);

2. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the heavier special intimidation).

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

4. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection.

1. The scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years and six months;

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

(a)basic crimes: