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(영문) 부산지방법원 동부지원 2021.01.08 2020고단2340
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 25, 2020, the Defendant, at around 14:51 on August 25, 2020, placed the Defendant’s house located in Nam-gu, Busan in front of Busan, on the ground that noise and dust has occurred at the construction site of E managed by the director of the C Company construction division D, the damaged party, and placed the damaged vehicle on the road so that it can not pass, thereby obstructing construction for about 14:16 minutes from that time, and the victim, who gets off all clothes that she entered the house, and gets out of the knife (3.5cm in length, 21.5cm in length, 1.5cm in length, knife, knife, knife, knife, knife, and knife, knife, and knife, knife, knif.

Accordingly, the defendant interfered with the work of the injured party, openly commits obscene acts, and carried dangerous objects and threatened the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each of the police statements made to D, each photograph of the police statement made to D, each CD police record for seizure, and each of the list of seizure;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 245 of the Criminal Act (the point of obscenity in a public performance), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor, 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. That the exemption of an employment restriction order under Article 48(1)1 of the Confiscation Criminal Act does not have a record of criminal punishment for a sex offense, and that the effect of preventing recidivism can be achieved only by taking a course in a sexual assault treatment program;

In addition, the defendant's age, family environment, social relationship, occupation, details and result of the crime in this case, social benefits expected by the employment restriction order, effects of the prevention of sexual crimes, and disadvantage and expected disadvantage of the defendant.

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