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(영문) 의정부지방법원 2016.03.29 2015고단2670
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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 of the final judgment.

Reasons

Punishment of the crime

The defendant of "2015 Highest 2670" resides in Guri-si C building 101, and the victim D (V, 49 years of age) resides in the above C building 202.

On July 16, 2015, at around 16:00, the Defendant saw that the opening of the body being raised by the victim was prevented, and found in the body of the victim, walked and walked the entrance several times by opening the entrance, and saw the knife at the Defendant’s house to the Defendant’s house, the Defendant saw the knife at the Defendant’s house, who sent the knife to the Defendant’s house, and the Defendant saw the Defendant “I want to leave the knife” while going to the victim.

Accordingly, the defendant threatened the victim with a deadly weapon.

On September 16, 2015, the Defendant ordered 3.40,000 won in cash to the victim F of the victim F of the victim F in Gui-si, Gui-si on September 16, 2015, and sent 3.40,00 won in the drinking price, etc. after singing together with one employee engaged in entertainment. From 21:40 on the same day to 22:50,000 won in cash, the said employee refused commercial sex acts while the said employee suggested that the said employee engaged in entertainment would be 20,000 won in cash, but the said employee refused commercial sex acts. The victim, who is the owner of the said entertainment, refused commercial sex acts, and the victim would be unable to make the victim engage in commercial sex acts, and obstructed the victim by force for 15 minutes of business by force, such as threatening the police officer, while taking the victim’s bath to the police officer after receiving a report.

Summary of Evidence

"2015 Highest 2670"

1. Written statements of D;

1. "Investigation report (to hear statements from the victim by telephone and report)": 2015 high group 3520;

1. A written statement;

1. Details of a report on 112 Incident and a report on investigation (on-site conditions, etc.);

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant legal provisions of the Criminal Act and Articles 284, 283 (Special Intimidations, Selection of Imprisonment, and Selection of Punishment) of the Criminal Act concerning facts constituting an offense, and Article 314 (1) of the Criminal Act (the point of hindering business, and Selection 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 of the Criminal Act:

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