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(영문) 울산지방법원 2019.05.10 2019고합1

특정범죄가중처벌등에관한법률위반(보복협박등)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 19, 2018, the Defendant was sentenced to a fine of KRW 3 million at the Ulsan District Court on July 20, 2018, on the grounds that the Defendant entered the D operated by the victim C (n, 54 years of age) in Ulsan-gu, Ulsan-gu, and obstructed business by entering the business. However, on the grounds of unfair sentencing, the prosecutor appealed on the grounds of unfair sentencing and the appellate court proceeded with the appeal, the Defendant was asked for false testimony from the victim that the Defendant did not have any way to lower the sentence, but the victim refused it, and the Defendant became able to raise the victim.

1. Around September 14, 2018, the Defendant: (a) sought the victim’s testimony on the said D, which was operated by the victim on September 14, 2018, and demanded that the victim make a false testimony while requesting the victim to give testimony; (b) however, the victim refused the victim’s testimony “the victim did not know how there was a crime of misunderstanding, and does not have any danger; (c) the victim arbitrarily opened a door of the room with which the customer was the customer for the purpose of making the victim give a false testimony; and (d) by stating that “the victim would not be able to play a funeral because he or she did not go against his or her will.”

As a result, the defendant threatened the victim for the purpose of making him/her give a false testimony in connection with his/her criminal case trials.

2. On October 19, 2018, the Defendant, who interfered with the business, found the Defendant as above D around October 22:36, 2018, brought a large amount of money to the victim, stating that “Isler, Isler, and Isler.”

Therefore, even though the victim demanded to return to his match, the Defendant was unable to carry out funeral services, the Defendant was “(e) a fine of KRW 5 million, if the body inside the body is frightened.” Then, the Defendant was frightened by frightening the bitch of bitch.”

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to documentary evidence produced by the complainants;

1. Criminal facts;