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(영문) 서울동부지방법원 2014.01.29 2013고합363
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On August 23, 2013, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Violence) at the Seoul Eastern District Court (hereinafter “Seoul East Eastern District Court”) and is still under suspension of execution.

【Criminal Facts】

1. From November 16, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) entered the said restaurant by reporting the victim E (V), an employee of the said restaurant, and received a summary order of KRW 1 million on December 13, 2013.

The facts charged in this part of the facts charged are as follows: “The defendant was indicted on charges of interference with business to the Seoul Eastern District Court on November 26, 2013 and is now pending in trial.” However, the fact that the defendant was issued a summary order is obvious in this court, and thus, it is recognized as above.

피고인은 2013. 11. 21. 00:30경 위 식당에서, 위와 같이 피해자의 신고로 인하여 자신이 처벌받게 되자 이를 보복할 목적으로 피해자에게 찾아가 “니년 때문에 지구대에 끌려가서 고문을 당했다, 씹할 년아, 한번 두고 보자, 너는 가만히 안 놔둬, 개 같은 년아”라고 말하여, 피해자에게 어떠한 위해를 가할 듯이 겁을 주어 피해자를 협박하였다.

2. On November 25, 2013, the Defendant interfered with business: (a) around 02:20 on November 25, 2013, at the restaurant as indicated in the preceding port, the Defendant: (b) caused the instant victim to set the charging machine and exhauster on November 16, 2013; (c) however, the Defendant placed the victim and did not have any livers; (d) it means a large amount of voice, “I see that I would see that I would see that I would see that I would see that I would see that I would see that I would like to go out of the restaurant, and that I would like to look back the other customers who had her meals from the restaurant for about 15 minutes, including that I would see that I would see that I would like to see that I would like to get the other customers who would come to the restaurant.

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