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(영문) 인천지방법원 부천지원 2017.04.27 2017고단545
특수협박등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 18, 2015, the Defendant was sentenced to one year and two months of imprisonment with labor for special assault by the Incheon District Court, and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on June 4, 2016.

1. Special intimidation: (a) around 00:55 on March 5, 2017, at the main point of “D” located in Bucheon-si, D; (b) the Defendant: (c) discharged the victim E (63 taxes) who performed drinking at the same place from the beer’s disease; and (d) cut off the beer’s disease to the beer’s beer’s beer; and (c) left the victim in the item of the damaged beer’s beer’s beer’s disease; and (d) then, the Defendant shacked the Defendant

“.....”

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

2. The Defendant, at the time and place specified in paragraph 1, was unable to avoid disturbance for about 15 minutes, such as: (a) breaking beer disease, breaking the beer and fing the beer cump to the bottom; and (b) putting customers under the influence of cump wres.

Accordingly, the defendant, by force, interfered with the victim F's main business operation, who is the operator of the above main point.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and F (list 5,15);

1. Investigation report (List 20);

1. Each photograph (list 1, 7, 11);

1. Previous convictions: Application of inquiries about criminal history (8) and personal confinement status (22) Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes (a confession, submission of a letter of agreement to victims), conditions unfavorable to the defendant (a confession, the settlement of victims) and conditions unfavorable to him/her, (a prison term including 20 times of violence and 20 times of suspended execution, 7 times of suspended execution, and one time of suspended execution, etc.), and even though he/she is under the period of repeated crime in which he/she committed a crime with dangerous articles carried during the period of repeated crime, he/she is now under the period of repeated crime without any justifiable reason.

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