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(영문) 전주지방법원 남원지원 2020.02.04 2019고단264
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 20, 2019, the Defendant: (a) around 21:40, at the point of the trade name “D” operated by the victim C (the age of 56) located in B of the Jeon Chang-gun, Jeon Chang-gun; (b) on the ground that the Defendant resisted that he was not properly aware of the Defendant’s hair, but the follow-up measures of the victim were not attributable to the mind of the victim; (c) on the ground that he did not take any subsequent measures; (d) “I am dys off because it was less than the time I am dys off; (d) I am dys off, which is an object dangerous in the beer, at the bottom of the beer; and (d) 1 disease of the beer in the instant beer; and (d) ambling the victim, as the victim was frightd, I am out, and embling the victim.

Accordingly, the defendant, by force, obstructed the victim's main business, and threatened the victim by carrying a beer's disease, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes governing photographs and CCTV video CDs at the scene of crime;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with business, Selection of Imprisonment), Articles 284 and 283 (1) of the Criminal Act (Special Intimidation and Selection of Imprisonment);

1. Reasons for sentencing among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes with Punishment Aggravated Punishment) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years and not more than six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Determination of Types of Interference with Business) (Offense of Interference with Business) that have no interference with business (Type 1) (the field of recommendation and the scope of recommendation), the basic field of crime (the scope of recommendation), six months to one year and six months; and

B. The basic area of crimes No. 2 (Special Intimidations) (Special Intimidations) (Special Intimidations) and there is no repeated crime, special intimidation (Type No. 4) (Special Intimidations) (Special Intimidations) (the scope of recommendations and recommendations) (the scope of recommendations and recommendations), four months to one year.

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