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(영문) 서울중앙지방법원 2015.01.20 2014고단9276
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2014, from around 00:00 to 00:20 on the same day, the Defendant acted as if the Defendant would inflict harm on the victim’s body or property by means of “Enoman bank” operated by the victim D (W, 53 years of age) located in Jung-gu Seoul, Seoul, on the ground that the Defendant does not return the part of “F”, an employee of the place where the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the case.

Accordingly, the Defendant, while carrying dangerous things, threatened the above victim, and obstructed the operation of the victim's singing room by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Police seizure records;

1. Application of the Acts and subordinate statutes on the cards sales slips;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Articles 283 and 314 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing guidelines are applied to the crime of sentencing under Article 62-2 of the Social Service Order Criminal Act, and the crime of interference with business falls under six months to one year and six months in the basic area among the four types of intimidation, and the sentencing guidelines are not applied. As such, the crime of interference with business is not applicable to the lower limit of the crime of intimidation with deadly weapons, it is agreed with the victim in accordance with the lower limit of the crime of intimidation with deadly weapons, the fact that only the amount of fine exists, the fact that the defendant's age, character and conduct, environment, and circumstances after the crime, etc.,

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