logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2017.05.31 2016고단3761
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

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

1. On June 5, 2016, the Defendant interfered with his/her business: (a) in the “Eel” operated by the Victim D (M, 55 years of age) located in Seongbuk-gu, Seongbuk-gu, Sungnam-si; and (b) without any particular reason, whether “any such tobacco is dead or not”;

The year of the 10-years, width, and the same year interfered with the victim's mother's business operation by force for about 10 minutes by avoiding disturbance, such as "no one shall be allowed to leave the victim, tobacco and string the victim."

2. The Defendant, at the time and place specified in paragraph 1, was subject to a claim from the injured party while avoiding the disturbance, and was in possession of a dog, which is a dangerous object in advance.

In the face of face-to-face and face-to-face with the character that was set up in the above her corridor, the victim “to throw away from fire.”

The victim threatened the victim by doing an act to attach a fire that means "...."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution and the police with regard to D;

1. A written statement;

1. Seizure records;

1. Application of CCTV image Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 314(1) (a) (a point of interference with business) of the Criminal Act, the choice of imprisonment for a crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, in the case where: (a) the mitigated area of crimes No. 1 [the scope of punishment] [the scope of punishment] under Article 48(1)1 of the Confiscation Criminal Act (including a serious effort to recover damage) [the scope of punishment] under Article 48(4)-1-1-1-2 of the mitigated area (including a serious effort to recover damage] under Article 48(1)-2 of the Punishment Act; (b) the mitigated area (including a person subject to special mitigation) [the scope of punishment] under Article 1-8(1)-2 of the mitigated area (including a serious effort to recover damage) [the scope of punishment] under Article 48(1)-2 of the Punishment Act (including a person subject to special mitigation] under multiple aggravated sentences: April to 14 [decision of punishment]; (c) the fact that a large number of criminal records are dynamic crimes under the influence of criminal records; and (d) the health of the defendant.

arrow