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(영문) 수원지방법원 안산지원 2018.11.29 2018고단2021
특수협박등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 2021"

1. On April 6, 2018, from around 06:55 to around 07:10 on the same day, the Defendant expressed an attitude that the Defendant would inflict any danger and injury on the victim, such as putting the victim E and drinking at the main point of “D” in the operation of the Defendant from around 06:5 to around 07:10 on Apr. 6, 2018, while talking with the victim, she expressed an attitude that “I will see that I will die these weathers, and that I will see that I will see the victim’s actions such as avoiding the disturbance under the influence of alcohol.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

"2018 Highest 3129"

2. On September 6, 2018, the Defendant, at around 07:30 on September 6, 2018, obstructed the victim’s restaurant business by force, such as, under the influence of alcohol in the “H” restaurant operated by the F Victim G, the victim’s husband I “fincing off a brush,” and committing sound.

Summary of Evidence

[2018 Highest 2021]

1. Legal statement of witness E;

1. On-site photographs (2018 Height 3129);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283(1) (special intimidation, choice of punishment by imprisonment) of the Criminal Act, and Article 314(1) of the Criminal Act (Interference with duties and choice of punishment by 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 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the Social Service Order ought to be strictly punished as committing another crime of interference with business even though the Defendant had already been punished for multiple violent crimes, and even during the trial of a special intimidation case, the Defendant committed another crime of interference with business.

However, in consideration of the fact that victims do not want punishment of the defendant, and some crimes are led to confession and do not repeat again, it shall be added once.

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