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(영문) 부산지방법원 동부지원 2015.06.17 2015고단368
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around December 27, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective intimidation, deadly weapons, etc.) stated that “E” restaurant operated by Nam-gu Busan Metropolitan City C and the victim D (here, 60 years of age) demanded the amount of alcohol to be sustained by the victim with the victim due to payment of the drinking value, and that the victim demanded the amount of alcohol to be sustained by the victim with the victim, the Defendant expressed his/her desire to “Is the death of this spathcececececececececececececececececececececececececececececececececececececececececececececececececececececececececececececececececececececececececececececececece

2. The Defendant interfered with business, at the time and place specified in the above paragraph (1), obstructed the business of the victim’s restaurant by avoiding disturbance for about 20 minutes, such as breaking the victim’s humiliation while taking the victim’s bath, thereby obstructing the victim’s restaurant by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article on the crime, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, and selection of imprisonment with labor for the crime of interference with business;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (limited to the same kind of force, but considering reflectivity, agreement, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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