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(영문) 대구지방법원 2013.11.29 2013고합492

특정범죄가중처벌등에관한법률위반(보복범죄등)등

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. Defendant A

A. On September 11, 2012, the Defendant committed a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory Crimes, etc.) committed a crime against the victim H (40 years of age), who was a business owner frighting to find “G cafeteria” located in Daegu-gu, Daegu-gu, at the end of 19:30 on September 201, 201, with the knowledge that the Defendant was the victim of violent organization wharfs, and known that he was the victim of the crime, and on August 30, 2012, the victim’s assault case for retaliation on September 8, 2012, made a statement at the Daegu Middle-gu Police Station to request a detention warrant to the Daegu District Court on September 11, 2012, and released the Defendant on September 11, 2012, the Defendant did not immediately make a report on his body, but it seems that it would be a criminal victim’s attitude that he would not have fright his body.”

Accordingly, the defendant threatened the victim with the purpose of retaliation against his criminal case investigation.

B. On September 11, 2013, at around 23:30 on September 23, 2013, the Defendant interfered with the Defendant’s business, while drinking alcohol in the “K” restaurant operated by the Victim J (Y, 41 years of age), obstructed the Defendant’s duties pertaining to restaurant business of the Victim J by force for approximately three hours and forty minutes until September 12, 2013, such as “a bitching bitch, bitching bitch, chewing, smelling far, pactine, and hume,” the Defendant dumping the noise by “hing bits of bitch, bitching a bitch, far, and so on.”

2. Defendant B

A. On March 2013, the Defendant causing property damage: (a) while drinking “M” restaurant operated by the victim LF in Daegu-gu, Daegu-gu, on the date of 22:00; and (b) on the ground that the said A was under the influence of alcohol, and was under the influence of alcohol, he/she would be under the influence of alcohol and take a bath.