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(영문) 창원지방법원 거창지원 2016.08.17 2016고단243
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 17, 2016, at around 00:30 on July 17, 2016, the Defendant made the victim F (the victim F (the victim 33 years old) and the first-hand G, a customer with whom he/she was sitting and drinking alcoholic beverages on a side table from the D’s “E cafeteria”) operated in Gohap-gun, Gohap-gun, D, with a view to making him/her do so, and made him/her do so. However, it is necessary for the victim to make him/her be aware of his/her money.

Considering that he had taken the attitude of disregarding him, the victim was threatened with the victim, such as knife knife and knife knife knife (24 cm in length, 12 cm in length) which is a dangerous object in the main room of the above restaurant, and knife the victim on the part of the victim.

2. The Defendant, at the time and place specified in paragraph 1, was able to cause a large noise for the said reasons, and the Defendant obstructed the victim’s restaurant business by force by putting the victim’s restaurant room which is the 60,000 won of the market price owned by the victim D, a restaurant business owner, drinking away a glass window (f. 120cm in width, 24cm in length, 24cm in length) and avoiding disturbance over about five minutes, thereby obstructing the victim’s restaurant business.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, D, and G;

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

1. Application of Acts and subordinate statutes to a report on investigation (a written estimate of damaged property);

1. Relevant Articles 284, 283(1) (a) of the Criminal Act, Article 366 of the Criminal Act, Article 314(1) (a) of the Criminal Act, Article 314 of the Criminal Act, and the choice of imprisonment with prison labor 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In the case of special intimidation among the crimes of this case for the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation, the fact that the crime is extremely poor, such as taking the kitchen knife on the part of the victim F, the first day of the defendant under the influence of alcohol, and threatening the above victim, and the fact that the victim F would have suffered a considerable mental shock.

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