(영문) 서울북부지방법원 2015.03.25 2015고단109

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(영문) 서울북부지방법원 2015.03.25 2015고단109

협박등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. In around 17:00 on October 14, 2014, the Defendant threatened the victim on the ground that he received a notification disposition from the victim D (the age of 28) at the C convenience store located in Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the “B”), by reason of the victim D (the age of 17:00), the Defendant: (a) 50,000 won (hereinafter referred to as 50,000 won) was cut down; (b) was reported on the width; (c) was dead; (d) was reported; and (d) was dead; and (e) was dead; and (e) was aware of the bronon used by the victim; and (e) was threatened by the victim.

2. The Defendant, at the time and place indicated in paragraph 1, was unable to enter the place of convenience by threatening the victim, referring to “for the same year, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, and friend, friend, friend, friend,

Accordingly, the Defendant interfered with the convenience store business of the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. Application of the Acts and subordinate statutes to photograph the images;

1. Relevant provisions of the Criminal Act and Articles 283 (1) and 314 (1) of the Criminal Act (the point of intimidation and the choice of imprisonment), which govern the crime (the point of interference with business and the choice 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. Probation and community service order under Article 62-2 of the Criminal Act shall be determined as the same as the order, taking into consideration the following: (a) the accused’s confession of the crime and reflects his mistake; (b) the accused is currently under mental treatment as a patient with alcohol dependence; and (c) the accused is not subject to a suspended sentence or heavier punishment; and

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