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(영문) 인천지방법원 부천지원 2016.03.18 2015고합329

특정범죄가중처벌등에관한법률위반(보복협박등)

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A person shall be punished by imprisonment with prison labor for not less than four months and by imprisonment for not more than six months for a crime of No. 2 as decided by the court below.

Reasons

Punishment of the crime

[Criminal record] On September 17, 2015, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for larceny in the Busan District Court’s Vice-Support on September 17, 2015, and the judgment became final and conclusive on September 25, 2015.

[2] On June 9, 2015, Defendant 1, at the E fishing place office operated by the victim D in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, 2015, stolen two fishing times owned by the victim. Defendant 1 was punished as above, and Defendant 1 was aware of the fact that the victim reported the theft to the police and that the victim was aware of the theft.

1. On September 18, 2015, the Defendant called the victim’s cell phone at around 23:00, the victim’s cell phone, and threatened the victim by saying, “A four months of imprisonment with prison labor or one year of suspended execution by reporting four theft; (b) where he was well fishing grounds; (c) the act of business is illegal due to the extension of a restaurant building and an extension of an illegal building; (d) how the fishery place wastewater moves into the fishing place; and (e) how the fishing place operation will go up; and (e) until the end, he would shut down the fishing place.”

Accordingly, the defendant threatened the victim for the purpose of retaliation.

2. 피고인은 2015. 10. 2. 20:00 경 위 E 낚시터로 찾아가 피해자에게, “ 당신이 신고 하여 억울하게 절도로 징역 6월, 집행유예 1년을 받았다, 동네 선배 후배가 낚시터에 찾아와 행패를 부리려고 하여 내가 이를 만류하였는데, 앞으로는 이를 만류하지 않겠다, 내가 조폭으로 7년 살았고, 꼴통이고, 빵잽이( 수감 자를 이르는 속어) 로 형도 받았는데 낚시터 영업을 하지 못하게 하겠다, 동네 애들이 낚시터 불법 영업신고를 하면 이를 만류하지 않겠다 ”라고 말하여 피해자를 협박하였다.

Accordingly, the defendant threatened the victim for the purpose of retaliation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment);

1. Each of the relevant Articles of the Act concerning the facts of crime;