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(영문) 대전지방법원 2018.01.11 2017고단4238
특수공갈등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

"2017 Highest 4238"

1. On October 10, 2017, the Defendant: (a) around 21:50 on the day of Seo-gu Daejeon, Seo-gu, Daejeon; (b) told the victim D (57 years of age) (i.e., the owner of the business, to be on credit, that the owner of the business would be on credit; (c) but was rejected; (d) the food blade, which is a dangerous weapon in his possession, (e.g., the total length of 31cm and the length of 20 cent of the day), was bread on his hand; and (e) was shading the credit under the above.

As such, the Defendant: (a) delivered the victim a tobacco amounting to KRW 6,050, a total market price of KRW 10,050 to the victim, namely, the victim’s attack; and (b) delivered the victim a tobacco amounting to KRW 1.

2. Around October 10, 2017, the Defendant assaulted the victim E (22) who was in possession of the knife as indicated in the foregoing paragraph 1, without any justifiable reason, against the victim E (22) prior to the instant paragraph 1, around October 10, 2017.

"2017 Highest 4842"

1. On November 27, 2017, the Defendant: (a) entered the victim G (Woo, 54 years old) located in Seo-gu Daejeon, Seo-gu, Daejeon on November 27, 2017, under the influence of alcohol to “H Schlage” operated by the Defendant; and (b) her husband “the victim”.

The victim interfered with the victim's Schlage's business by force by avoiding disturbance for about 10 minutes, such as "the victim, although it was high water, but the victim did not see but she had a sound to she had been displayed outside, cutting up the excessive products that had been displayed outside the accounting unit, cutting down the excessive products that had been in the display stand, cutting down the cooling blue and glass in the display stand, cutting down the display stand over the display stand, making the excessive products that had been in the display stand in the display stand, etc.

2. The Defendant destroyed property at the same time and place as in the preceding paragraph, and in the same manner as in the market price owned by the victim, two air conditioners, 500 won in total, and two favorable goods.

Summary of Evidence

[2017 Highest 4238]

1. Statement by the defendant in court;

1. Each written statement prepared D and E;

1. A protocol of seizure and a list of seizure;

1. The arrest report, investigation report and receipt of the occurrence of the case.

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