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(영문) 인천지방법원 2018.09.21 2018고합337

특정범죄가중처벌등에관한법률위반(보복협박등)등

Text

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

Reasons

Punishment of the crime

【The Defendant was sentenced to four months of imprisonment for an insulting crime by the Incheon District Court on June 30, 2017, and completed the enforcement of the sentence on October 29, 2017.

[Criminal Facts]

1. On June 30, 2017, the Defendant insultingd the police officers from the Incheon District Court’s “B restaurant located in the Seo-gu Incheon on July 4, 2016.”

The victim C, who was sentenced to four months of imprisonment with prison labor for the facts constituting the crime, was willing to take retaliation against the Defendant C’s written statement as a witness in the above case.

On March 11, 2018, the Defendant found the restaurant B operated by the injured party in Seo-gu Incheon, Seo-gu, Incheon on March 11, 2018, and opened a restaurant in front of the restaurant and went to the prison due to “the year of the growth of the city and the width of the city.”

It will not be able to do so.

The funeral service will not be performed.

“.....”

Accordingly, the defendant threatened the victim with the purpose of retaliation against his statement, etc. in connection with the investigation or trial of his criminal case.

2. On March 11, 2018, from around 10:00 to 10:30 on the same day, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance, such as: (a) having the victim take a bath as above; and (b) having the customer D who restrains it, “I am kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. A report on investigation (attaching the text of the judgment);

1. 112 Notification to a department related to the report of the case;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A) and Acts and subordinate statutes on personal expropriation;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 283 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act (the point of interfering with duties and the choice of imprisonment with labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes [Article 42 of the Criminal Act for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.)].