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(영문) 청주지방법원 2016.07.13 2016고단488
특수협박등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Injury;

A. The Defendant, around June 2014, at the “E” restaurant operated by the victim D (V, 44 years of age) located in Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, Cheongju, and the victim is the Hague.

For the reason that he was suffering from injury to the victim, the victim's face side was taken over several times, and the victim's face was 14 days, and the victim's face was damaged, such as inside and outside of the inner area and diversary account.

B. On March 2015, the Defendant inflicted injury on the victim’s house of Heung-gu Seoul Metropolitan Government F apartment house 206, 304, from the victim’s house, and the victim’s hair and body were taken several times due to drinking and so on, and suffered injury, such as the victim’s impairment of the face of the number of days of treatment, and strawing.

2. The Defendant damaged property at the time and at the place specified in paragraph 1.b. At the time and place, the victim’s cell phone and bags were laid in a glass door from the ward, thereby damaging approximately KRW 300,000,000 for repairing the cell room owned by the victim.

3. Special intimidation: (a) at the “H” restaurant run by the Defendant located in the Heung-gu Seoul Special Metropolitan City on March 14, 2016, around 16:50; and (b) the victim is the principal of the Defendant.

At the same time, the victim's goods being kept in a restaurant are stored in the house, and the kitchen knife (23 cm on the knife, 15 cm on the knife, 15 cm on the knife, knife No. 1), which is a dangerous object, acted in a way that the victim's part is hiffed.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Two copies of the medical certificate of injury;

1. Application of the statutes on seizure records and the list of seizure lists;

1. Relevant provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment with prison labor), Articles 284 and 283(1) (the point of special intimidation and the choice of imprisonment with prison labor) of the Criminal Act concerning the crime;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Confiscation of the Criminal Act;

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