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(영문) 의정부지방법원 2014.05.28 2014고단375
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Power】 The Defendant was sentenced to imprisonment with labor and six months at the Incheon District Court on November 29, 201 for the crime of interference with business, etc., and completed the execution of the sentence on April 14, 2013.

【Criminal Facts】 From October 20, 2013 to 0:30:05 on October 21, 2013, the Defendant: (a) committed a crime in the jurisdiction of the Guri-siJ (n, 52 years of age); (b) stated that the victim demanded from the victim to pay KRW 80,000 to the victim the alcohol value of KRW 50,000,000; and (c) stated that “I will no longer leave the cryp; (d) I will no longer leave the cryp; and (e) the beer’s disease, which is a dangerous object, was broken on his hand, and the victim threatened the victim as if the victim continuously claims the alcohol value.

Since then, the Defendant continued to put the beer's disease into other beer's disease so that customers who want to enter the beer's house can not enter the beer's house by breaking the beer's disease into other beer's disease.

Accordingly, the defendant threatened the victim with a shoulderer disease, which is a dangerous object, and interfered with the operation of the victim's main office by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of K and M;

1. Police investigation report (on-site investigation) and photographs;

1. On-site photographs;

1. Previous records of judgment: Criminal records, replys to criminal records, the application of Acts and subordinate statutes to the prosecution investigation report;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the selection of imprisonment with prison labor) concerning criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Types 4 (Special Intimidation) [Special Intimidation] - mitigated elements: the application of the Acts and subordinate statutes of Articles 53 and 55(1)3 of the Criminal Act [decision of types].

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