특정범죄가중처벌등에관한법률위반(보복협박등)등
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
[Criminal Power] On November 9, 2018, the Defendant was released on May 10, 2019 from the Suwon District Court’s Ansan Branch for the crime of interference with business, and on May 10, 2019, the parole period expired on June 6, 2019.
【Criminal Facts】
The defendant is a tenant of the cel publicly notified in the City of interested City managed by the victim B (n, 54 years of age).
1. From around 18:00 on September 4, 2019 to around 18:20 on the same day, the Defendant interfered with business, without any justifiable reason, obstructed the management of the victim’s publicly notified telecom by force, such as following: (a) under the influence of alcohol before the above public notice room, the Defendant took the face of the victim; (b) the victim “I am hys, if I am hysn electric power is within the monthly length, and if I am hysn hysn hysn hysn hysn hysn hysn.”
2. From around 16:00 on September 9, 2019 to around 19:10 on the same day, the Defendant stated in the written indictment for intimidation that the victim “in the manner of threatening the victim by stating that “the victim was threatened by interference with business, or by police, she should have been detained, she should do so, she can do so, and she can do so,” and that “the victim was threatened by hand and her walking the door of the above office at several times,” but the evidence submitted by the prosecutor alone is insufficient to recognize this part.
① According to CCTV images taken before the management office at the time of the instant case, the form of the Defendant’s moving the door of the management office can only be confirmed, and the form of the Defendant’s moving or walking the door with his/her fingers is not verified.
② 피해자는 판시 제1항 범행과 관련하여 ‘피고인이 문을 계속 발로 차고 쾅쾅 두드렸다’는 내용의 진술서를 작성하고, 경찰에서도 같은 취지로 진술하였으나(증거기록 33, 73쪽), 판시 제2항 범행과 관련하여서는 사건 발생 직후 작성한 진술서에서 피고인이 문을 발로 걷어찼다는 등의 피해내용은 기재하지 않았으며,...