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(영문) 서울남부지방법원 2018.06.15 2017고단6380
특수협박등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant who interferes with special intimidation and business affairs from around 13:00 on November 27, 2017 to around 19:00 on the same day, shall carry with him the knife, and shall carry the knife (10cc in length, 18cc in total length, 18cc, mar No. 1) dangerous goods in the “E Game Chapter” operated by the victim D (n, 49 years of age) of the victim D (n, n, 49 years of age) on the Gangseo-gu Seoul Metropolitan Government, Gangseo-gu and the second floor, and shall throw the knife, and shall return the knife to the game site by not later than 19:00 on the same day on the same day.

The victim interfered with the business of the game room of the victim by force, such as threatening the victim, and exposing the above excessive game machine, and allowing the customers who were the head of the game room to get out of it, etc.

2. On November 27, 2017, the Defendant stolen the victim’s property from H Mart operated by the victim G located in Gangseo-gu Seoul Metropolitan Government on November 17, 2017, 200: (a) a kitchen of the amount equivalent to 15,000 won in the market value of the victim’s ownership (20cm in length, 30cm in total length, 20cm in total).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute of law to D, G, and I;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Articles 314(1), 313 (a) and 313 of the Criminal Act, Article 329 (a) of the Criminal Act, 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. Protection and observation, orders to attend lectures and orders to provide community service under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act include the following: (a) the method and content of the instant crime; (b) the Defendant’s previous conviction; and (c) the payment of the amount agreed upon with the victims or the amount of damage; and (d) the Defendant’s opposite nature; and (c) all other factors indicated in the record, such as the Defendant’s age, sex, environment, family relationship, background of the crime; and (d) the circumstances after

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