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(영문) 서울남부지방법원 2019.10.02 2019고단1318
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From March 10, 2019, the Defendant: (a) had alcoholic beverages in the inn of the inn of the inn of the Yangcheon-gu Seoul Metropolitan Government B and the second floor; (b) had long been used by the victim D (55 years of age) for the said inn of the said inn of the said innating machine; (c) had taken a dangerous object (15cm in total length) against the victim’s hand, and had shown the attitude of showing the victim as being brut with the victim, and had threatened the victim.

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

2. The Defendant, at the above time and at the above place, expressed the victim E, who operates the above Cnb in the manner of alcohol, with the large interest of “it shall be due to the cnbing of the arm’s length in the camping.” The Defendant obstructed the victim’s operation by force by avoiding disturbance for about two hours, including, but not limited to, the cnbing disease and flowers on the floor, destroying the cnbane by throwing garbage into the corridor, and throwing garbage into the corridor.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to photographs (such as household photographs and field photographs carried by the suspect);

1. Relevant provisions of the Criminal Act, Articles 284, 283 (1) and 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment for a crime

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] and no repeated crime and special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation) are basic areas; imprisonment with prison labor for up to four months and six months;

(b) Class 2 (Interference with Business) Crimes (Determination of Types). Obstruction of Business Affairs (Type 1). Obstruction of Business Affairs (Special Punishment). Reduction elements: Non-compliance with Punishment (Recommendation and Recommendation Scope) mitigated area, imprisonment with labor for one month to eight months;

(c) Scope of recommendations according to the standards for handling multiple crimes: From four months to one year;

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