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(영문) 창원지방법원 2015.04.09 2015고합54

특정범죄가중처벌등에관한법률위반(보복협박등)등

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A defendant shall be punished by imprisonment for not more than ten months.

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

"2015 Gohap54"

1. On November 26, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) was not detained as a result of the crime of interference with business, and was tried at the Changwon District Court.

During that period, the defendant was suffering from a hynasty that he was investigated and tried by the victim C by the report of the victim C. On February 27, 2015, the defendant found the "E" restaurant operated by the victim C in Changwon-si, Changwon-si around 15:30 on February 27, 2015, and the victim "I am hynas trial on March 19, and I am hynas, I am kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn'."

"2015, 56"

2. On October 4, 2014, at around 13:00 on October 4, 2014, the Defendant interfered with the business, by force, interfered with the business of the victim’s restaurant operation by demanding the victim to sit in the E restaurant, requiring the victim to pay the food value, and demanding the victim to pay the food value.

Summary of Evidence

"2015 Gohap54"

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of the victim C and F;

1. Seven on-site CCTV photographs "2015, 56";

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the police statement of victims C;

1. Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment) concerning the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;