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(영문) 수원지방법원 2020.01.31 2019고합578

특정범죄가중처벌등에관한법률위반(보복협박등)등

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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

1. On May 2, 2019, the Defendant interfered with business: (a) around 16:20 on May 2, 2019, the Defendant: (b) laid the music from “C” restaurant located in the wife population B to a mobile phone; (c) opened the music on other table to the customers who drink food and drink; (d) allowed them to take a bath by hanging time booms; and (e) allowed them to run the restaurant business by force; and (e) 30 minutes of the disturbance, such as taking a bath to the victim D, who is an employee who restrains it, interfered with the victim’s restaurant business by force.

2. On May 14, 2019, the Defendant reported to the Defendant at the above “C” restaurant on May 13:15, 2019, the Defendant found out the aforementioned employees D to be at the right place and prepared in advance ( approximately 22 cm in total length, approximately 12 cm in length) on the part of the Defendant at the right place in order to take a retaliation against the Defendant, and found the reporting person inside the restaurant and found the victim E who was working in the restaurant, and the victim E who was working in the restaurant called “I kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn.”

Accordingly, the defendant threatened the victim with the purpose of retaliationing the provision of investigation reports on his criminal case investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Written statements of D;

1. Attachment of photographs to each field, attachment of CCTV images, and application of Acts and subordinate statutes to report internal investigation (on-site conditions, etc.);

1. Article 5-9 (2) and (1) 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 concerning the crime;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is added.