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(영문) 서울중앙지방법원 2017.07.13 2017고단3238
협박등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 6, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. at the Seoul Central District Court and two years of suspended execution on January 14, 2016, and the said judgment becomes final and conclusive and is still under suspended execution.

1. The Defendant of intimidation, around 17:00 on May 11, 2017, when taking meals in the cafeteria “D” restaurant located in Jongno-gu Seoul Metropolitan Government Jongno-gu, and broken up the misunderstanding, and from the victim E (V, 7 years of age) who is an employee, harming the misunderstanding.

To do so, we can listen to the word "Mara" in us, collect the simpled fish, and the victim Da and the victim knife.

one time.

‘Retition’ was made.

2. On May 12, 2017, the Defendant: (a) was drunk in the above restaurant on May 12, 2017; (b) and (c) was discharged against customers.

1. The tax base of the tax revenue and the tax base of the liquor: “The tax base of the tax base of the tax base of the victim F, the owner of the relevant restaurant, by force among about 20 minutes of the tax base of the tax base of the tax base of the tax base of the tax base of the tax base of the tax base of the tax base of the tax base of the tax base of the tax base of tax base of the tax base of the tax base of the tax base of

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Statement made by the police for E;

1. E statements;

1. Investigation report (to hear statements by telephone to victims E);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of facts during the period of suspended execution of a defendant);

1. Relevant legal provisions of the Criminal Act, Article 231(1) (the point of intimidation) of the Criminal Act, Article 314(1) (the point of interference with business) of the Criminal Act, and the choice of imprisonment, respectively;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the sentencing guidelines set forth in the first-class crime (Intimidation) [the scope of recommendations] and the basic area (two months to one year) of the crime (no person subject to special sentencing) [the scope of punishment] and the scope of the crime set forth in the second-class crime (Obstruction of Duties) [the scope of recommendations] are as follows: (a) the mitigation area (one month to eight months) [the scope of the punishment] (a person subject to special mitigation] the degree of power and deceptive scheme or interference with duties.

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