logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2017.01.12 2016고단518
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On May 4, 2016, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the attempted special attack in the Daegu District Court Port Support, etc., and the said judgment became final and conclusive on May 12, 2016.

[Criminal facts]

1. On October 17, 2015, the Defendant: (a) was urgently arrested on the part of the victim D, “E” operated by the victim D in North Korea-gu, North Korea-gu, on the ground that he had a knife, which is dangerous to the victim; and (b) obstructed the entry of the customers who had knife in the knife on the back of the “E” way around 22:46 on the 21st of the same month while having knife knife knife (30cm in the knife length, 8.5cm in the knife knife knife knife knife knife knife.

Accordingly, the Defendant interfered with the victim's dan business by force.

2. The defendant of special intimidation is the victim F, who was found to be a customer with a danran bar at the time and place specified in paragraph 1.

“The knife,” and the knife, which is a dangerous thing, knife the knife to the victim, knife the knife, and act as if the knife would inflict any harm on the body or life of the victim, knife the knife.

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

Summary of Evidence

1. Partial statement of the defendant;

1. D Legal statements;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or F;

1. A report on investigation;

1. Previous records: Application of Acts and subordinate statutes to inquire into criminal records and report criminal investigations (report on binding of criminal suspects' records of the same kind of force);

1. Relevant provisions of the Criminal Act, Articles 284, 283 (1) of the Criminal Act (special intimidation, choice of imprisonment), and Article 314 (1) of the Criminal Act (Interference with business, choice of imprisonment, etc.) concerning criminal facts;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The defendant denies some of the reasons for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes as stated in a heavier special intimidation) of the Criminal Code for the aggravated concurrent crimes.

arrow