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(영문) 광주지방법원 2017.03.15 2017고단334
특수협박등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Special intimidation: (a) on December 21, 2016, the Defendant, at the main point of “D” operated by C in Gwangju Northern-gu B1 on the 23:55 on December 21, 2016, putting a beer and beer’s disease, which is a dangerous thing for the victim E, who had a drinking together with the drinking in the table on the side of “D” while drinking alcohol on the 1st floor of Gwangju Northern-gu B1, would be able to cause harm to the victim by neglecting himself/herself.

"Intimidating" was threatened.

2. The Defendant, at the same time and place as set forth in paragraph 1, interfered with the victim C’s main business by force, such as putting off the tables with which E works are carried, booming the vision, shouldering the beer and threatening the kitchen with the kitchen knife, etc., and making the customers on other tables get the above knife, and obstructing the victim C’s main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, C, F, and G;

1. Application of statutes on site photographs;

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

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 suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, including observation of protection and community service order;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Crimes No. 1 of the holding [the type] Crimes of Intimidation (the determination of the sphere of recommendation] in the basic area of Class 4 (Special Intimidation of Habitual Offense) [the scope of recommendation] [the scope of recommendation] from 6 months to 1 year and 6 months;

B. The basic area of the crime No. 2 of the holding [the type] interference with business affairs [the determination of the recommended area] [the scope of the recommended punishment] from six months to one year and six months;

(c) Aggravation of multiple crimes: Six months to two years and three months.

2. Determination of sentence: Imprisonment with prison labor for not less than eight months (two years of suspended sentence), and all of the sentencing conditions specified in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime, shall be determined as ordered in consideration of the following circumstances.

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