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(영문) 인천지방법원 2021.03.10 2020고단10960
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around November 14, 2020, around 23:52, the Defendant: (a) in D restaurants operated by the Victim C (40) in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) on the ground that employees in the D restaurants expressed an desire to the victim at the end of the city and the victim, and (c) on the part of the victim, the Defendant threatened the victim by acting as if he had an act to cause harm to the body of the victim, such as by taking a flag (weight 3km) made of steel plates (weight 3km) that are dangerous articles in the table with hand, and by doing so.

2. The Defendant damaged special property in a way that the repair cost amounting to KRW 1.50,00,000 was damaged, such as, at the same time, at the same place, and at the same time and place, and, at the same time, the fireboards made of the steel, which is a dangerous object, stored on the tables owned by the victim, cutting a hole on the tables and cutting a ventilation hole.

3. At the same time, at the same place, the interfered with the Defendant and E had the Defendant go to the end of the trial, for the foregoing reasons, the Defendant continued to act as described in paragraphs 1 and 2, and the Defendant continued to act as if he were the victim’s chest on a drinking basis, such as making the victim’s breast at a number of times, and pushing the victim’s body as his head, and making the customer go to the place, and having the customer find it back.

As a result, the defendant and E interfered with the victim's restaurant operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation of the police suspect interrogation protocol (as to the inspection and analysis ofCCTV) with respect to C, and report on investigation of attached photographs (in the case of a estimate submitted by the suspect C), and the application of the statutes on attached data;

1. Relevant Article of the Criminal Act; Articles 284, 283(1) (a) of the Criminal Act; Articles 369(1) and 366 of the Criminal Act; Articles 314(1) and 30 of the Criminal Act; Articles 314(1) and 30 of the Criminal Act; Articles 284 and 283 of the Criminal Act’s choice of punishment for the crime; Articles 369(1) and 366 of the Criminal Act; Articles

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. Grounds for sentencing under Article 62(1) of the Criminal Act 1.

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