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(영문) 광주지방법원 2019.09.26 2019고단2744
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 22, 2018, the Defendant sentenced six months to imprisonment for special intimidation at the Gwangju District Court, and completed the execution of the sentence in the Gwangju Prison on February 17, 2019.

1. On July 1, 2019, at around 13:50 on July 1, 2019, the Defendant, under the influence of alcohol in D, which is a restaurant for the operation of the victim C in Gwangju-dong-gu, Gwangju-gu, the Defendant expressed the victim’s wife E to the effect that “the time of personal injury, fluoring,” and the victim’s speech to the effect that “the victim fluor, fluor, fluor, fluor, fluor, fluor,” and expressed the victim’s desire to read “the fluor, fluor, fluor, fluor,” and went into the main room located therein, thereby interfering with the victim’s restaurant business by force.

2. Around 17:30 on July 20, 2019, the Defendant: (a) had the victim G in Gwangju-dong-gu, Gwangju-dong-dong-gu, under the influence of alcohol at Honok-gu operated by the victim G, without any justifiable reason, and (b) had expressed the attitude that the victim would be at risk of causing harm to the body of the victim by stating that the victim would be “to die” and that the victim would be “to die.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and C;

1. CCTV images;

1. Investigation report (related to special intimidation, hearing statements from a victim), investigation report (related to interference with business, hearing statements from a victim, and reporting on the victim's telephone statement);

1. Previous records of judgment: Criminal history records, confinement information inquiry, judgment, and application of Acts and subordinate statutes of a copy of summary order;

1. Relevant Articles 284 and 283(1) of the Criminal Act concerning criminal facts, Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act, the choice of imprisonment with labor for each crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the victim of the crime of interference with business does not want the punishment of the defendant, in favor of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

The defendant is sentenced to imprisonment for a crime of the same kind.

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