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(영문) 창원지방법원 밀양지원 2015.08.20 2015고단138

협박등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 12, 2014, the Defendant was sentenced to one year of imprisonment with labor for the crime of interference with business, etc. at the Nam Branch of the Gwangju District Court, and the said judgment became final and conclusive on June 20, 2014, and completed the execution of the said punishment on November 30, 2014.

1. On March 9, 2015, the Defendant obstructed the victim’s bar business by force for about 30 minutes in a way that: (a) the victim E, a manager of the said main shop, expressed that he/she was able to take a bath at the D entertainment tavern located in C around 22:00 on March 9, 2015; (b) the victim E, a manager of the said main shop, was able to take a bath at the floor; (c) the Kabsu-si gate was laid on the floor; and (d) the Kabsu-si gate was laid down in a Kabropo, and was laid down with a Kabro, she was laid off from the Kabro, and was c

2. On April 16, 2015, the Defendant assaulted the victim F, who is entirely aware of the Defendant, at around 16:45 on April 16, 2015, at the same time, the victim F, who reads that “one day is changed. The president is not the president.” The Defendant assaulted the victim’s head debt by booming the victim’s head debt.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Each photograph;

1. Previous records of judgment: Application of criminal records, etc. and investigation reports (Attachment to the same type and the judgment on the power of repeated crime, etc.);

1. Relevant Article 314 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and the choice of punishment for the crime, the choice of punishment for the crime

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] Article 35 of the Criminal Act, in light of the fact that the defendant committed each of the crimes of this case during the period of repeated crimes although he/she had the same force several times, he/she committed each of the crimes of this case during the period of repeated crimes, and that there is no agreement with the victim of assault, it is inevitable to sentence of punishment.

However, all circumstances, such as the agreement with the victim of the obstruction of business, the reflection of his/her mistake, and the fact that the health is not good, shall be considered.