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(영문) 수원지방법원 2016.11.24 2016고단6162
특수협박등
Text

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

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

Reasons

Punishment of the crime

1. On July 8, 2016, at around 22:48, the Defendant interfered with business: (a) on the main point of “E” operated by the Victim D (Inn, 54 years of age) in Suwon-si C; (b) while under the influence of alcohol, the Defendant told the victim that “the victim was even born,” thereby making the head part of the head from the victim one time; (c) the head part of the head was met by the victim; (d) the beer branch and the beer who was on the floor of the table, laid down the beer, laid down the beer’s disease on the floor, and boomed the victim, who is the owner of the business.

Accordingly, the Defendant interfered with the principal operation of the victim by force.

2. A special intimidation: (a) around October 23:10, 2016, the Defendant took a mixed drinking at the main kitchen of the above E, she deemed the victim D to sit together with the tables of the victim F (the age of 49) and the victim G (the age of 50) who is another customer; and (b) said D to have a knife “Is off the knife the knife,” and the victim D demanded a knife of the case in which the Defendant had knife the knife, “Is off the knife,” and “Is off the knife the knife of the knife, hife the victim’s knife the knife, knife the victim’s knife the knife, knife the victim’s knife the knife.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D, F and G;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts (a point of interference with business), Articles 284 and 283 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation Act;

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