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(영문) 창원지방법원 2016.08.10 2016고단598
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant of “2016 Highest 598” on March 15, 2016, on the ground that the Victim E (17 years old) was replaced by the Defendant on March 15, 2016, around 17:10, the Victim E (17 years old) around Kimhae-si; or

The term “the death and injury of the victim” means “the death and injury of the victim,” and “the death and injury of the victim would be caused by the death of the victim, as the victim’s body is threatened.”

On February 8, 2016, the Defendant continued to interfere with the meals of the victim by drinking at a restaurant operated by the victim G (n, 53 years of age) located in the Gyeongnam Kim-si, Kim Jong-si, 2016, and by drinking at the restaurant operated by the victim G (n, 53 years of age). The Defendant interfered with the victim's restaurant business for about 30 minutes by demanding the victim to calculate the amount of interference with the business.

Summary of Evidence

"2016 Highest 598"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs "2016 Highest 1726";

1. Statement by the defendant in court;

1. Application of the G’s written Acts and subordinate statutes;

1. Articles 284, 283 (1) (a point of special intimidation) and 314 (1) (a point of interference with business) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, Article 1 of the Reasons for the Punishment of Concurrent Crimes (Assault) [the scope of recommending punishment] 4 types of intimidation (Habitual, Cumulative, Cumulative, Special Intimidation) / [the scope of recommending punishment] 2 types of crimes (Interference with Duties) without any special sentencing person / [the scope of recommending punishment from June to one year] / [the scope of recommending punishment] 1 types of crimes (Interference with Duties] / 1 year to six months] / The scope of final sentencing according to the aggravation of multiple crimes: six months to two years [the sentence] : the extent of punishment calculated from June to two years [the sentence]; the fact that it is a crime during the period of suspended punishment; the fact that it is not agreed with victims; meetings and fines due to violent crimes; and

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