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(영문) 서울서부지방법원 2016.10.26 2015고합351

특정범죄가중처벌등에관한법률위반(보복협박등)등

Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of thirty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

"2015 Gohap351"

1. On September 30, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) committed a disturbance for about three hours at the main point of “E” operated by the victim D (hereinafter 54 years old) in Seodaemun-gu Seoul, Seoul, without any reason, while under the influence of alcohol, and arrested the disturbance in the crime of interference with business by avoiding the crime of interference with business, the Defendant reported the instant case to the police and made a written statement to raise an awareness of the victim.

Around 03:00 on October 4, 2015, the Defendant sought the main points of the “E” as above for the purpose of retaliation against the victim, and led the victim to a sound called “E, which would prevent this absolute funeral in this context. I do not want to do so.”

As a result, the defendant threatened the victim with the purpose of retaliation against his criminal investigation and statements related to his own criminal case.

2. On October 4, 2015, from around 03:30 to 03:40 on October 4, 2015, the Defendant obstructed the victim’s convenience store business by drinking in the G convenience store located in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu, and without any justifiable reason, sound the victim H, who is an operator of convenience store, booms the time room, and booms three customers inside the convenience store, and brea the victim’s convenience store business by force.

"2016, 294"

1. 모욕 피고인은 2016. 8. 18. 04:20경 서울 서대문구 I에 있는 피고인의 집에서 “아랫집 사람이 유리창을 깨고 소란을 피운다”는 112 신고를 접하고 출동 경찰관인 피해자 J으로부터 ‘왜 유리창을 깼느냐’는 등의 말을 듣게 되자 K 등 다른 주민들이 있는 자리에서 피해자에게 “야 씹할놈아, 개새끼들아, 너희들이 뭔데 여기 왔느냐, 내가 너희들을 반드시 죽여 버릴꺼다”라고 말하여 공연히 피해자를 모욕하였다.

2. The defendant who violated the Punishment of Minor Offenses Act is suspected of having the same effect as the above paragraph (1) around August 18, 2016.