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(영문) 부산지방법원 2020.02.18 2019고단4617

특수협박등

Text

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

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

Reasons

Punishment of the crime

On October 17, 2019, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for assault, etc. at the Busan District Court on October 25, 2019.

1. Special intimidation Defendant: (a) from around 05:15 on September 21, 2019 to around 05:35, 2019, at the D key point operated by the victim C (the age of 42) of the 1st underground floor B in Busan Jin-gu, Busan; (b) the victim C asked the victim “Isle, Isle, Isle,” “Isle, Isle, Isle,” and (c) threatened the victim C with the intention to take the 1 disease of the frat, opening a cooling house in which alcoholic beverages are stored, thereby threatening the victim C to take the frat of the frat of the frat of the frat.

After that, the Defendant: (a) brought a knife knife (35cm in length, 22cm in length) with a knife knife, and threatened the victim E (47 years of age) with a knife knife with a knife knife with a knife knife with a knife

Accordingly, the defendant, carrying a knife and knife which is a dangerous object, threatened victims.

2. The Defendant interfered with the business of the victim C by force at the above time, at the above time, and at the above place, interfered with the victim C’s main business operations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (to be prepared without the statement of victim E and telephone communications);

1. The police seizure record and the list of seizure;

1. Previous records: Criminal records and other inquiries, and the application of a copy of judgment or the statutes;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The agreement is reached with the victims of reasons for sentencing under Article 62(1) of the Criminal Act, violence, etc. for which judgment has already become final and conclusive, and concurrent crimes under the latter part of Article 37 of the Criminal Act, and reflects their mistakes, the motive and background of the crime, method of the crime, and the degree of damage.