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(영문) 서울북부지방법원 2018.05.03 2018고단611
특수협박등
Text

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

A knife knife (No. 1) shall be confiscated from the accused.

Reasons

Punishment of the crime

On August 18, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor by obstructing business operations at Seoul Northern District Court, and on April 16, 2017, the Defendant completed the execution of the sentence.

The Defendant, around January 2, 2018, at around 01:40 on January 2, 2018, 2018, taken the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

In this sense, the victim threatened the victim as it would pose a threat to the body of the victim.

around 12:20 on March 8, 2018, the Defendant, “2018 Godan 919,” without any particular reason, would not cause the victim to engage in drinking after having ordered drinking and breabing in the potato restaurant operated by the victim G in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

The phrase “instring time,” it was difficult to avoid disturbance for about 30 minutes, such as beging a trial fee, blocking a restaurant entrance, preventing other customers from entering the restaurant.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G and H;

1. A damage statement of D;

1. A protocol of seizure and a list of seizure;

1. Photographs photographs of a knife held by the victim;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant is not aware of the period of repeated crime and commits the same kind of crime, thereby sentencing.

However, the defendant.

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