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(영문) 대전지방법원 2017.11.23 2017고단3641
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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. Special intimidation Defendant: (a) around September 11, 2017, at the point of “F” operated by the victim E (V, 69 years old) in Daejeon-dong-gu, Daejeon-gu, Daejeon-gu, the Defendant: (b) putting the victim into mind, without any reason, to restrain the Defendant from paying the time to other customers; (c) knife the Defendant with a knife (the total length: 37 cm, the knife length: 24 cm); and (d) with a knife and knife the Defendant with a knife (the total length: 37 cm, the knife length:

“Intimidating”.

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

2. The Defendant interfered with the business of the victim E by force for a period of about one hour, by putting the time room on the customers who find the above main points without any justifiable reason at the time and place specified in paragraph 1, putting the knife, display the knife, and sound out of the main place, thereby obstructing the victim E’s main business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to field photographs and knife photographs for kitchens;

1. Relevant Article of the Criminal Act and Articles 284, 283 (1) (Special Intimidations, Selection of Imprisonment), and 314 (1) (Interference with business and Selection of Imprisonment) 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 Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) provides that the defendant's age, sexual behavior, environment, motive, means, and result of the crime, under the circumstances favorable to the defendant, such as the fact that the defendant's consent to the crime of this case is likely to have committed the crime of this case, and that the victim does not want the punishment of the defendant due to the agreement with the victim, etc., shall not be less than the nature of the crime of this case in light of the content of the crime of this case, and that the defendant has been punished for the crime of this case, including violent crime, is disadvantageous to the defendant

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