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(영문) 광주지방법원 해남지원 2015.10.29 2015고단418
특수협박등
Text

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 June 24, 2015, at around 03:45, the Defendant found the main points of "D" operated by the victim C(57 years of age) (hereinafter referred to as "C") in Ydondonnam-gun B, and continued to walk the victim's horse, and then pushed the tree partitions in his body between the Defendant's table and the table of other customers within the above main points, so that the tree partitions may go beyond the other customers. The Defendant ordered the other customers by cutting down the tree partitions with one hand of the small-scale disease that was frighted by the Defendant's order, broken the part of the bottle of the small-scale disease, which is a dangerous object, destroyed the bottom of the C's floor, knick the part of the fright of the fright's disease that is a dangerous object, and led the victim to the part of the fright of the said small-scale disease.

E. The Defendant’s failure to perform such a behavior is a threat of death. As such, approximately five customers, who were drinking at the above main point, were in the said main point.

Accordingly, the Defendant interfered with the operation of the victim's main points by force as above, and threatened the victim with a shoulderer who is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs on crimes;

1. Relevant legal provisions concerning criminal facts, Articles 284 and 283 (1) of the Criminal Act (a point of threat to carry dangerous articles), Article 314 (1) of the Criminal Act (a point of interference with business) of the Criminal Act, 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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Application of the sentencing criteria;

(a) Class IV (Habitual, Cumulative, and Special Intimidation) of the Act on the Punishment of Terrorism (Scope of Recommendation) (4 to one year) (4 to one year), the area of mitigation (4 to one year), - the factors of mitigation: A person not subject to punishment;

(b) interference with business (Scope of recommendations) - basic area (6 to 1 year and 6 months) of the basic area (6 to 1 year) - mitigation factors: in a case where the methods of the number of crimes are very poor.

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