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(영문) 대전지방법원 공주지원 2016.04.29 2015고단483
특수협박
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On November 10, 2015, the Defendant was sentenced to six months of imprisonment with labor for a violation of road traffic law in the Daejeon District Court Support for the Daejeon District Court, and the judgment was finalized on March 24, 2016.

[Criminal facts] The Defendant, on October 27, 2015, out of the “D” food store located in D around 09:00 on October 27, 2015, committed by the victim E (23) with mixed meals.

At each of the above cafeterias, the iron plate in its hand, which is a dangerous object on the table of the above cafeterias ( approximately 43 cm in width, about 30 cm in length), shall be discarded to the victims and their dailys.

“The victim was frighten and frightened by taking the attitude that seems to be frighten,” and caused the victim to drink.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police for E;

1. Each investigation report (an investigation of "non-market", which is on-site and dangerous objects, investigation of business owners of "D", and investigation of telephone conversations between victims and witnesses);

1. On-site photographs and non-permanent photographs of D cafeterias;

1. Previous conviction: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, a report on investigation (in a separate detention judgment), a text of judgment (in a separate detention judgment), general contents of the case and the progress of the case, personal identification and acceptance status;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, reasons for sentencing of sentence of imprisonment, and reasons for sentencing of sentence of imprisonment;

1. Where the degree of intimidation is insignificant in the area of special mitigation (two months to one year), (referring to a person subject to special mitigation) (including a person subject to special mitigation) of a punishment (including a serious effort to recover damage), non-permanentity (including a serious effort to recover damage), or substantial damage has been restored;

2. Determination of sentence: Imprisonment with prison labor for a period of four months shall be inevitable for the defendant to obtain imprisonment for the same kind of criminal records;

However, the defendant is led to confession, is in profoundly against himself, and he has agreed with the victim.

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