logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 영동지원 2019.03.28 2018고단185
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On September 10, 2015, the Defendant was sentenced to six months of imprisonment with labor for the crime of interference with business, etc. at the Youngju District Court’s Youngdong Branch, and the Defendant completed the execution of the sentence at the Chungcheong House on January 28, 2016.

【Criminal Facts】

1. A special intimidation: (a) around October 24, 2018, on the grounds that the Defendant refused the Defendant’s request to change the victim’s alcohol in the Dcafeteria in the operation of the Victim C (year 71) located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do; (b) on the ground that, while drinking alcohol, the Defendant had the Defendant’s refusal of the Defendant’s request to change the number of alcohol, the Defendant was threatening the victim by putting the beer’s disease, which is an object dangerous to the above restaurant table, going out of the entrance, driving away from the entrance, and driving away the victim who was faced with his body, and “packer humbk.”

2. On October 24, 2018, from around 20:25 to 20:55 on the same day, the Defendant obstructed the victim’s restaurant business by force by causing harm to the victim C, i.e., the places described in paragraph (1), i.e., paragraph (1), and she was exempted from the Defendant’s clothes, and she was on the part of the Defendant’s house located in the kitchen located in the restaurant, thereby doing harm to her chest, etc., and preventing customers from entering the restaurant by avoiding a disturbance, such as a catum, and leaving the catus.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. A report on investigation (a list of evidence Nos. 3, 7, 9);

1. Previous convictions indicated in the judgment: Criminal history records, correspondence reports by individuals, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

1. Relevant provisions of the Criminal Act and Articles 284, 283(1) of the Criminal Act that apply to criminal facts, the choice of punishment, and Article 314(1) of the Criminal Act (the occupation of interference with business and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes with Punishment for Special Intimidation) of the Criminal Act among concurrent crimes;

1. The scope of punishment by law: One month to 21 years of imprisonment;

2. The scope of recommendations according to the sentencing criteria; and

arrow