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(영문) 대구지방법원 의성지원 2016.12.15 2016고단220
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 August 30, 2016, from around 01:05 to around 01:25, the Defendant: (a) was under the influence of alcohol in the office of a funeral hall operated by the victim D (the age of 58) in the Gandong-gun C; and (b) the funeral of another person is being held in the three-minutes, etc.; (c) the Defendant considered that he neglected the victim’s request related to the funeral convenience requested by the branch of the Defendant; and (d) the Defendant obstructed the victim’s funeral hall business by force by avoiding disturbance, such as destroying water purifiers while taking a bath to the victim; and (e) destroying the convenience of the customer.

2. At the time and place specified in paragraph 1, the Defendant: (a) took a free fluor of a shoulderer, which is an object dangerous to the above victim, with approximately 20cm in length, and approximately 0.5cm in thickness; and (b) threatened the victim with the part of the victim’s fluor, as stated in paragraph 1.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (the current state of exit, the state of suspect A or D's on-site statement, photographs of a deadly weapon in glass frequency used by A, the occurrence of injury A, and photographic photographs of the generated body);

1. Relevant provisions of the Criminal Act and Articles 284, 283(1) of the Criminal Act that apply to criminal facts, the choice of punishment, and Article 314(1) of the Criminal Act (the occupation of interference with business and the choice 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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Type IV (Habitual Cumulative Offense, Cumulative Offense, Special Intimidation) (Special Intimidation) for the mitigated area (4 to 1 year) for the crimes of intimidation (4 to 1 year)

(b) Type 1 (Interference with Business) (1) (1 to 8 (1 month) (2) (2) (2) (2) (3) (2) (3) (3) (3) (3) (3) (4

(c) The scope of final sentence due to the aggravation of multiple offenses: April to April; and

2. Determination of sentence: Imprisonment;

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