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(영문) 부산지방법원 2015.09.18 2015고합174

특정범죄가중처벌등에관한법률위반(보복협박등)등

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A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant committed any of the following crimes in a state that the Defendant lacks the ability to discern things or make decisions due to symptoms of alcohol dependence:

In full view of the various circumstances shown in the record, such as the result of the examination of the mental health of the National Medical Treatment and Custody Center of the Court, the above defendant is recognized as a mental disability.

"2015 Gohap174"

1. Crimes against victims C;

A. A. On November 28, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Intimidation, etc.) (Crime 55) was arrested at the police around March 12, 2015 and released on March 13, 2015 with respect to an attempted crime at the “Ecafeteria” located in Busan Dong-gu, Busan, which is operated by the Victim C (Age 55).

On March 19, 2015, the Defendant reported the above fact to the victim and received an investigation after being arrested by him. On March 21, 2015, the Defendant reported the above fact to the above restaurant, and found the complaint to the above restaurant, and, at the above restaurant, the Defendant left the beer and the beer's disease in the above restaurant on the floor, and threatened the police station by saying, "I have taken them up to the inside, because I have reported it, I have to write down, I have to write down, I have to write down, I have to me, I have to write down, I have to me."

Accordingly, in relation to the investigation of his criminal case, the defendant threatened the victim with the purpose of retaliation against the provision of investigation teams and statements.

B. The Defendant damaged the property at the above time, at the above place, by having a dialator at the Defendant’s house, and setting the entrance door of the above restaurant owned by the victim several times, so that the repair cost equivalent to KRW 100,000 at the market price is exceeded.

C. The Defendant interfered with business at the above time, at the above place, posted the beer and beer’s disease on the restaurant floor, and damaged the entrance door to the metal, thereby obstructing the victim’s business of the said restaurant by force.

2. On March 19, 2015, the Defendant who attempted to commit fire to the victim F, shall be the Busan around 23:47.