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(영문) 대구지방법원 2015.11.12 2015고단4191
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

The Defendant divorced on April 3, 2014 from the victim B (n, 54 years of age) and April 3, 2014, and the victim C operates the E points in the above B and Daegu Northern-gu D.

1. Interference with business;

A. On May 28, 2015, from around 21:00 to 22:00 of the same day, the Defendant: (a) upon the completion of singing in the said singing bar operated by the said victims, the Defendant expressed the victim B’s desire to read “the same year” and “singing and opening for the same year”; and (b) caused the noise to interfere with the victim’s singsing bar business by force by forcing the said victims to get off the beer and talked with the beer’s disease.

B. On May 28, 2015, from around 22:40 to 23:20 of the same day, the Defendant expressed the victim B with a large sound called “Semania ..” from the above victim’s entertainment bar operated by the said victims, and obstructed the victim’s entertainment business by force by threatening the victims and victims with a knife in line with the victim B.

2. Around May 28, 2015, the Defendant took the attitude that he would inflict bodily harm on the victim B while taking a bath on the victim B as set forth in paragraph 1(b) at the above danran bar on May 28, 2015, with excessive (11cm in knife, 12cm in knife) as a dangerous object, and as he would inflict bodily harm on the victim B.

The Defendant, while carrying dangerous objects, threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning B and C;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense (the point of intimidation to carry dangerous articles) and Article 314 (1) of the Criminal Act;

1. Selection of each sentence of imprisonment;

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. The grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act are as follows: First type of crime (Interference with Business) [Scope of Recommendation] that interferes with the business, and second class (Interference with Business] that is the basic area (6 to 1.6 months) [Special Mitigation].

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