logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원서부지원 2020.12.04 2020고단2304
특수협박
Text

A defendant shall be punished by imprisonment for up to seven months.

Seized evidence No. 1 (knife) shall be confiscated from the defendant.

Reasons

Punishment of the crime

On September 18, 2018, the Defendant was sentenced to three months from September 18, 2018 by Busan District Court for the crime of interference with business, and completed the execution of the sentence in the Busan Detention House on November 6, 2018.

피고인은 2020. 10. 3. 14:10경 부산 사하구 B에 있는 ‘C' 앞 도로에서 위 식당 문 옆에 오줌을 누었다는 이유로 위 식당 종업원인 피해자 D(남, 57세)과 다툰 이후, 집에 있던 위험한 물건인 부엌칼(전체 길이 30cm, 칼날 길이 17cm) 1개, 과도(전체 길이 30cm, 칼날 길이 17cm) 1개를 양손에 들고 위 식당을 찾아가 “나온 나! 씨발 놈! 가만 두지 않겠다”며 피해자를 향해 찌를 듯이 겨누어 협박하였다.

Summary of Evidence

1. Statement of the police statement concerning D's legal statement of the defendant;

1. 112Report, report on investigation (in pages 173 of investigation records), records of seizure, on-site photographs of the list of seizure;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports by individuals, current status of acceptance by individuals, and application of six copies of the judgment;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The fact that the reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant was sentenced to interference with business and was sentenced to a fine several times for the same kind of violent crime after being sentenced to a punishment, but the defendant was sentenced to a second sentence, is disadvantageous to the defendant.

However, the victim did not want the punishment of the defendant (in the face of 33 investigation records) and agreed with the defendant, the victim's defect that "if police officers take knife the knife when knife the knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife, the knife of the knife of the knife).

The age, character, conduct and environment of the defendant, and this case.

arrow