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(영문) 광주지방법원 순천지원 2016.09.22 2016고단940
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Special intimidation: (a) on April 20, 2016, the Defendant: (b) 20:20 on the ground that the victim D (49 taxes) who d(49) who fested in other tables in the C cafeteria B talked in a semi-competuation, talked to the Defendant on the ground that the Defendant “in the inside Gun, she was dead of the width, and she was into prison.”

"Hambly," and collected spawn's disease, which is a dangerous object on the table, and had done acts such as threatening the victim and destroying spawn's disease.

Accordingly, the defendant threatened the victim.

2. The Defendant interfered with his duties, at the same time, and at the same place as the above 1 paragraph, sent the disturbance between about 20 minutes to all the customers in the restaurant by avoiding the disturbance between about 20 minutes.

Accordingly, the defendant, by force, interfered with the victim E-cafeteria business of the above restaurant operator.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. On-site photographs;

1. Application of CCTV Acts and subordinate statutes;

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

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is the risk of the crime of this case, and the criminal records of the defendant are disadvantageous to the defendant.

In addition, considering the fact that the victim D does not want to be punished by the defendant, and other sentencing conditions such as the defendant's age, environment, etc., punishment to prevent recidivism is determined.

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