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(영문) 창원지방법원 2015.04.07 2014고합308

특정범죄가중처벌등에관한법률위반(보복협박등)등

Text

[Defendant A] The defendant shall be punished by imprisonment for eight months.

[Defendant B] The defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

Punishment of the crime

The facts charged in the indictment were partly corrected or revised according to the facts obtained through the examination of evidence without the amendment process to the extent that it does not disadvantage the defendant's exercise of his/her right to defense.

[criminal power] On October 8, 2014, Defendant B was sentenced to 8 months of imprisonment and 2 years of suspended execution for the violation of the Road Traffic Act at the Changwon District Court on October 8, 2014, and the judgment became final and conclusive on October 16, 2014.

【Criminal Facts】

1. Defendant A’s respective intimidation is a person who operates an “Enogate” on the 6th floor of the Changwon-si D Building in Changwon-si.

The Defendant, while employing a change from a customer (hereinafter referred to as “accomponed person”) and attracting customers, has been dedicated to soliciting customers around one’s own business place by means of threatening “from the next place of business to the next place of business, she will not be able to walk away from the next place of business.”

가. 피고인은 2014. 9. 17. 03:00경 D빌딩 앞 노상에서, 다른 업소 호객꾼인 피해자 F(52세)가 피고인의 업소 주변을 돌아다닌다는 이유로, 주변 간판을 발로 차고 주먹으로 때릴 듯한 시늉을 하며 “야, 이 씨발놈아, 내가 반말하는 게 꼽냐. 너는 여기서 장사를 할 생각하지 마라. 여기서 삐끼 치면 도끼로 발모가지를 잘라 버린다. 앞으로 내 눈에 띄지 마라. 눈에 띄면 너희 가게 박살 내 버린다.”라고 말하여 피해자를 협박하였다.

B. At around 02:00 on September 20, 2014, the Defendant: (a) threatened the victim G (54 years of age) who is a replacement of a customer of another business establishment in front of the D Building, on the ground that he did not return to the Defendant’s business establishment; (b) “I do not hear the horses of why he was given a clear warning before the weather and internal address; and (c) if you look at, I would like to see the horses, I would like to see the large stalle if you look at.”

C. The Defendant, at around 01:00 on September 23, 2014, differs in front of the D Building.

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