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(영문) 대구지방법원 2017.09.14 2016고단5899
특수협박등
Text

A defendant shall be punished by imprisonment for six 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

[Criminal record] On November 3, 2016, the Defendant was sentenced to a suspended sentence of four months for a special assault by the Daegu District Court, and the judgment became final and conclusive on November 11, 2016.

[Criminal facts]

1. A special intimidation around 13:00 on October 30, 2016, the Defendant: (a) at the E restaurant operated by the victim D (V, 55 years old); (b) who was refused to request a alcohol from the injured party; and (c) took the victim’s bath to the injured party; and (d) took a dangerous object, which was a dangerous object, and attempted to take the victim into consideration.

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

2. The Defendant interfered with the business of the victim’s restaurant business by force of about 20 minutes, such as having the victim take a bath at the above date, time, place, and attempt to leave the victim, etc. on the said grounds, and allowing the victim take a bath, thereby obstructing the business of the victim’s restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. 112 A list of reported cases;

1. A report on investigation (as to submission of photographs of the manufacturer of the iron), a photograph of the chair of the iron;

1. Previous convictions: Inquiry into criminal history and investigation reports (the confirmation of suspect-related cases and attachment of the relevant judgment) and the application of statutes;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 314(1) (a) (a point of interference with business) of the Criminal Act, and each choice of imprisonment with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act to observe protection and order taking lectures;

1. The crime of this case, which is not subject to the sentencing criteria, is not subject to the sentencing criteria, since the above special assault crime for which the judgment becomes final and conclusive, and the single concurrent crimes after Article 37 of the Criminal Code

2. Circumstances unfavorable to the decision of sentence: The defendant was in progress due to the same kind of crime.

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