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(영문) 부산지방법원 동부지원 2017.10.12 2017고단1815
특수협박
Text

A defendant shall be punished by imprisonment for not more than ten months.

No. 1 of the evidence seized by the defendant shall be confiscated.

Reasons

Punishment of the crime

around 200, the Defendant became aware of the wife D of the Victim C (54) around 200, and visited the “F” restaurant of the D’s operation located in Busan-gun E.

On April 23, 2012, the Defendant was sentenced to the suspension of the execution of six months by imprisonment with prison labor for a crime of violating the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Busan District Court's Dong Branch branch on September 21, 2012, by visiting the above restaurant on or around April 23, 2012, and threatening the victim with a view to threatening the victim to take a summary order of KRW 2 million due to violence, etc. on March 13, 2015, the Defendant was sentenced to a suspension of the execution of six months. On September 21, 2012, on October 17, 2014, and became subject to a dispute with the victim, such as assaulting the victim at the above restaurant and receiving a summary order of KRW 2 million due to violence, etc. at the same court.

On August 29, 2017, the Defendant found a “H” restaurant in the operation of the victim in Busan-gun G while possessing excessive (21cm in total, 10cm in length) that is a dangerous object (21cm in length, 10cm in length).

In the back of the above restaurant, the Defendant was able to take a bath without any particular reason, and the Defendant was able to take the excessive steps that he was in possession of as he was the victim of the disturbance during the disturbance.

The following "I know where we know what we know, I do not see how we can do so, and I do not see to the principle of no taxation and the principle of no taxation."

쥑이뿌 까. ”라고 소리치면서 위 과도를 피해 자의 가슴을 향해 찌를 듯이 수회 들이미는 등 피해자 및 피해자의 가족들에게 마치 위해를 가할 것처럼 위협하여 피해자를 협박하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes to the protocol of seizure, list of seizure, one copy of photograph of the instrument of crime, and report on investigation (the excessive seizure process of deadly weapons);

1. The grounds for sentencing of Article 284 and Article 283(1) of the Criminal Act regarding criminal facts and Articles 283(1) of the Criminal Act (the choice of imprisonment) are as follows: (a) the Defendant visited a restaurant operated by the wife of the victim on April 23, 2012; (b) visited the victim’s wife; and (c) the victim and the vision have occurred.

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