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(영문) 서울동부지방법원 2019.05.13 2019고단228
특수협박등
Text

A defendant shall be punished by imprisonment for six 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 December 16, 2018, at the convenience store operated by the victim B in Songpa-gu Seoul on December 16, 2018, the Defendant: (a) purchased tobacco at the convenience store operated by the victim B in Songpa-gu, Songpa-gu, Seoul; (b) however, as the victim was unable to know it well-known, the Defendant obstructed the victim’s convenience store business by forcing the victim to avoid disturbance by driving tobacco into the knickter where the victim gets out of the knacker where the victim gets out of the knick-gu, and doing so; and (c) making the customer C who

2. Special intimidation: (a) the Defendant reported the victim’s act of interference with one’s business at the time and place specified in Paragraph (1); (b) and (c) threatened the victim with a fluoral disease, which is a dangerous object from the place where the customer was in danger; and (d) threatened the victim by citing the fluoral disease, which is a dangerous object that the victim attempted to go out of the place where the damage occurred; and (b) threatening the victim to drive away from the place where the victim was in danger.

3. At the time and place indicated in paragraph (1), the Defendant: (a) stolen the victim’s intimidation out of the victim convenience store; (b) had one cell phone with approximately KRW 700,000 at the market price of the victim’s possession, which was on the victim’s seat; and (c) stolen the victim’s intimidation.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Application of C’s written laws and regulations

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), Articles 284 and 283 (1) of the Criminal Act (Special Intimidations, Selection of Imprisonment), and Article 329 of the Criminal Act concerning the crime;

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

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 punishment by law: Imprisonment with prison labor for one month to ten years;

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

(a) Class 1 (Special Intimidation) (Determination of Punishment).

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