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(영문) 대구지방법원 2016.10.18 2016고단3908

특수협박등

Text

1. The defendant shall be punished by imprisonment with prison labor for ten 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. Around July 25, 2016, the Defendant: (a) committed a promise by the Defendant-friendly victim E (E, E, anywhere, and 48 years of age) to not have a game room in the second floor of the building C of the Daegu-gu building C, Daegu-gu; (b) thereby threatening the Defendant-friendly victim E (E, E, E, and 48 years of age to live in the game room; (c) the victim, who carried out the game, lives in the game with his left hand; and (d) the victim, who took the game at his own hand, flobbs of the victim; and (d) the kitchen, which is a dangerous thing that he had prepared in advance for a bad hand, threatens the victim to live in the game room, such as the victim’s flobs.

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

2. The Defendant was unable to avoid a disturbance for about five minutes by putting the kitchen in the “D Gameland,” which is operated by the Victim F, as described in paragraph (1), by the victim F.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G and E;

1. A report on seizure, the list of seizure, evidence of seizure, and a written waiver of ownership;

1. Application of statutes on permits to conduct general game providing business;

1. Articles 284, 283(1) and 314(1) of the Criminal Act concerning the relevant criminal facts;

1. Selection of each sentence 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 48(1)1 of the Criminal Act - Reasons for sentencing under Article 48(1)1 of the same Act - The victim's grounds for punishment (the victim's F's intent not to punish is considered as the employee G), and although the methods were significantly erroneous, the victim's thought that the victim E was unable to live in the adult amusement room, and that he was aware of the fact that he was unable to live in the adult amusement room, becomes the motive for the crime - Unfavorable circumstances: 16 times the total criminal punishment records, including probation due to violent crimes.