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(영문) 대전지방법원 천안지원 2018.05.03 2017고단2799
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special intimidation: (a) around October 21, 2017, the Defendant: (b) opened the car of the victim E (the remaining and the victim aged 27) parked at the same place without any justifiable reason in drinking alcohol in the form of drinking alcohol; (c) made the victim’s fright to drink “easting a drink” while drinking alcohol; and (d) made the victim’s flacing that “the victim was under the influence of drinking alcohol,” which is a dangerous thing (10cm in length on the day); and (c) threatened the victim with excessive (10cm in length on the day); (d) towing, towing, and knifeing the victim and the victim.

2. On October 21, 2017, the Defendant: (a) around 06:55, the Victim F’s “D” restaurant; (b) as described in paragraph 1, the Defendant: (c) sought things to attack the other party upon the occurrence of E and Si expenses; and (d) obstructed the victim’s restaurant business by force by gathering the necessary matters for attacking on the floor of the cafeteria, which had been opened on the table, and by disturbing the kitchen, in order to find excessive transition, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement (E, F);

1. Records of seizure, photographs of seized articles and field photographs;

1. Application of the Acts and subordinate statutes governing the disposition of reported cases 112;

1. Relevant legal provisions of the Criminal Act and Articles 284 and 283(1) of the Criminal Act concerning criminal facts, Article 314(1) of the Criminal Act, and 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. The scope of sentencing recommended by the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act based on the grounds of the suspended sentence is as follows: The scope of final sentencing for the mitigated area (one month to eight months) [the scope of recommended punishment] of the mitigated area (one month to eight months] of the mitigated area (the scope of recommended punishment] of the mitigated area (one month to eight months) of the mitigated area (the scope of recommended punishment) of the mitigated area (one month) of the mitigated area (one month and eight months), [the person who is a special sentencing] of the mitigated area of the mitigated area (one month and eight months): Imprisonment with prison labor for a period of four months to four months, and the background leading up to the instant crime of the sentenced sentence, the victim’s imprisonment with labor for a period of one year and four months, and the victim’s punishment under the agreement with the Defendant.

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