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(영문) 대전지방법원 논산지원 2019.02.12 2018고단663
특수협박등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On April 5, 2016, the Defendant was sentenced to 6 months of imprisonment with prison labor for larceny, etc. and 100,000 won in a mountain support at the Daejeon District Court Daejeon District Court, on July 26, 2016, and the execution of the sentence was terminated in the official prison on July 26, 2016. On January 6, 2016, the Daejeon District Court sentenced two years of the suspended sentence to 8 months of imprisonment with prison labor for interference with train traffic, etc., under the suspended sentence, on April 7, 2017, which was under the suspended sentence, on April 7, 2017, the sentence of the suspended sentence was invalidated by being sentenced to 1 year of imprisonment with prison labor for interference with business, etc. on September 8, 2017. On August 14, 2018, the said sentence was terminated in the official prison.

【Criminal Facts】

1. From 08:50 to 09:00 on December 16, 2018, the Defendant obstructed the Defendant’s business by force, for about 10 minutes, caused disturbance to the victim’s restaurant business by drinking alcohol in C operated by the victim in the name-free statement in B, i.e., the Plaintiff, while drinking alcohol in C, which the victim in the name-free statement in B, and smoking tobacco, and neglecting it, making it a large amount of noise to the other customers preventing him/her, and she interfere with the victim’s restaurant business by force.

2. A special intimidation: (a) around 14:30 on December 16, 2018, the Defendant: (b) demanded the said E from the F operated by the Victim E (year 53) in the DD market in Seosan-si, to “conscepting off by side”; (c) but (d) on the ground that the said E refused to do so, the kitchen knife (30cm in total length, 19cm in length) which is a dangerous object at around 14:45 on the same day, and (d) threatening the said E to have a kitchen knife the said kitchen knife; (d) the victim G (year 40) in the said place was found to have driven by the Defendant in the vicinity of the D market No. 1 parking lot; and (d) it threatened the Defendant to have the above kitchen knife of the said G in the inside.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A H statement;

1. On-site photographs;

1. Application of the Acts and subordinate statutes of photographs.

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