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(영문) 대구지방법원 2016.01.15 2015고단5456
특수협박등
Text

A defendant shall be punished by imprisonment for one year.

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 November 11, 2015, the Defendant: (a) obstructed the victim’s restaurant business by force of approximately 30 minutes, i.e., the victim D (n., 59 years of age) located in Yongcheon-si; (b) assaulted the victim’s restaurant business in his/her hand with the head of the female female employees who delivered the coffee through alcohol while under the influence of alcohol; and (c) putting them over to the kitchen; and (d) putting him/her out and take a bath to the kitchen; and (e) harming the victim’s restaurant business by force by force of about 30 minutes.

2. In around 10:00 on November 11, 2015, the injured Defendant: (a) at a place prescribed in paragraph (1) of the same Article; (b) at the victim’s end, the victim who caused the loss of female employees as in the preceding paragraph, and (c) at this stage, the victim saw her female employees as in the preceding paragraph; and (b) at this time, the victim’s hand her hand her, her head her head kept over the floor, thereby causing the victim to inflict an injury on the right part of the water unit in need of approximately two weeks of treatment.

3. Special intimidation Defendant put a knife (total length: 27.5cc., 12.5cm. cm. : 12.5cc.) that is dangerous in his E-cargo driver’s seat parked in front of the restaurant, on the ground that the injured party sent the said multiple employees at the same time and place as the preceding paragraph, and re-enters into the kitchen and re-enters into the restaurant, “this knife” to the victim.

“Along with the desire of “,” the victim was expressed on the restaurant table, and threatened the victim by sticking the blade on the restaurant table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A protocol of seizure and a list of seizure;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to report on the arrest of flagrant offenders with obstruction of violence and duties, field pictures, etc., report on internal investigation (Attachment to seized photographs), seized articles, photographs and investigation reports (victim D telephone recording, investigation and report);

1. Articles 284, 283 (1), 257 (1), and 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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:

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