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(영문) 제주지방법원 2018.09.19 2017고단3454
특수협박등
Text

The defendant's 2017 Highest 3454 crime is punished by a fine of 2,00,000 won, and the crime of 2018 Highest 1104 decided.

Reasons

Punishment of the crime

[criminal record] On December 13, 2017, the Defendant was sentenced to a suspended sentence of six months for injury, etc. by the Jeju District Court on June 13, 2017, and the above judgment became final and conclusive on the 13th of the same month, and there are ten criminal records on criminal punishment for the same crime of violence.

[2] On October 11, 2017, the Defendant: (a) around October 11, 2017, the 2017 Highest 3454, the Defendant: (b) deemed the “C” restaurant located in Jeju-si; and (c) took a dangerous object as hand without any particular reason; (d) took the victim D (e.g., his/her employee to die and retire; (e., to have he/she die; (e) 51 years of age”; and (e) took a bath to the victim E (e.g., 43 years of age) by stating that the victim E (e., she will die and die without wrapping.).

Accordingly, the defendant carried a dangerous article, and threatened victims.

around 02:40 on March 16, 2018, the Defendant: (a) entered the victim E (n, 44 years of age) in Jeju-si, Jeju-si, 2018, and expressed the c restaurant employed by this employee as the head of the restaurant room and the garbage emitting, without any reason, and obstructed the victim’s restaurant business for about two hours until police officers arrive at the site at around 04:40 on the same day.

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

Summary of Evidence

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A) 2017 Height 3454;

1. Statement by the defendant in court;

1. Each statement of E and D;

1. Ratifications;

1. On-site photographs (Gam, etc.) 2018 Highest 1104;

1. Statement by the defendant in court;

1. E statements;

1. Ratifications (three copies of a written agreement for the submission of suspect);

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) of the Criminal Act (a point of special intimidation), Article 314(1) of the Criminal Act (a point of interference with business), and Article 314(1) of the Criminal Act (a point of interference with business), and the selection of fines, respectively

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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