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(영문) 부산지방법원 동부지원 2017.04.13 2017고단153
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 8, 2016, the Defendant of special intimidation: (a) around 18:37, in C cafeteria located in Busan, Daegu, Busan, the Defendant took a bath at the floor without any justifiable reason, and continuously took two knife knifes, which are dangerous goods in the knife on the knife table.

One of them is the victim D (the age of 54) who is an employee after gathering another one after gathering it on the floor. The other is the victim D (the age of 54) who is an employee.

The term "Crop year" is called as "Cropic year", and as a result, intimidation is likely to inflict harm on life or body.

The defendant carried dangerous objects as above and threatened the victim.

2. The Defendant interfered with his duties, at the same time and place as the preceding paragraph, avoided disturbance for about 20 minutes, such as the preceding paragraph, and let customers get out of the facility.

The Defendant interfered with the business of the victim by force as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements, investigation reports (special violence, etc.), investigation reports (CCTV analysis reports) with respect to D;

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

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. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, including observation of protection and community service order;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Crimes No. 1 in the holding [Scope of Recommendation] Crimes No. 4 (Habitual, Cumulative, Cumulative Crime, Special Intimidation) and the mitigation area (4 months to 1 year) (Special Mitigation)] and no punishment is imposed;

(b) Crimes No. 2 of the holding [the scope of the recommended punishment] No. 1 of the basic area (6 months to one year and six months) (special mitigation) [the person who has been subject to special mitigation] / Where the methods of crime are very poor;

(c) Aggravation of multiple crimes: Six months to two months; and

2. Determination of sentence: 8 months of imprisonment and 2 years of suspended sentence are not less than that of the crimes in this case;

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