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(영문) 서울중앙지방법원 2013.12.26 2013고단7341
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around 20:00 on November 8, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) provided that “K restaurant,” operated by the Victim J (A) in Gwanak-gu in Seoul Special Metropolitan City, took a walk back to the next day, and was seated on the table, and did not comply with the victim’s demand for delivery, and reported it to 112. As such, the Defendant provided the victim with the desire to “the police report on the width, she reported it to the police.” On November 20, 2013, the Defendant added the victim’s chest to the bar (21cc x 10cc x 10cc m) for the main use of the iron embankment, which is a dangerous object in the main line, and threatened the victim from leaving the victim’s chest to prevent from leaving the victim from leaving the bar.

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

2. From the above date to the date of 21:00, the Defendant: (a) took a desire to make a statement about the progress of the case and to take a look back from the police officer M, who was called out after receiving the said report at the above location; and (b) took a string to the crypt; (c) took a cryp to the victim; and (d) took a cryp to the victim for about one hour, such as cryp to the victim, and cryp to the cryp; and (d) cryp to the said restaurant.

Accordingly, the defendant interfered with the general restaurant business of the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. A criminal investigation report, an investigation report, and an investigation report;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act (the point of interference with business, the selection of imprisonment with labor);

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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