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(영문) 서울서부지방법원 2015.09.23 2015고합196
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

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

1. On July 31, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) (hereinafter referred to as the “F”) is a cafeteria operated by the victim E (Inn, 56 years of age) with the victim’s second floor D2 in Mapo-gu Seoul Mapo-gu, and on April 10, 2015 upon the victim’s report, it is obvious that the “one million won of the indictment” in the Seoul Western District Court’s 500,000 won of the indictment is a clerical error, and thus, it is said that the Defendant

In order to be retaliationed against the complaint of the summary order, the above restaurant was found as the above restaurant, and the victim expressed drinking as follows: "I am spath, I am spath, I am spath because I am spath, I am spath, I am spath because I am spath, I am spath, and I am spath, I am am spath because I am spath, I am spath because I am spath, I am spath,

As a result, the defendant threatened the victim for the purpose of retaliation against the provision of a criminal investigation team such as criminal complaint, statement, testimony or submission of data in connection with the investigation or trial of his criminal case.

2. The Defendant interfered with business in the instant case at the 'H’ singing room operated by the victim G (n, 49 years old) directly adjacent to the said “F,” such as the above-mentioned 1, and obstructed the victim’s singing room business by force by force by entering the 'H’ singing room with the Defendant, and without any justifiable reason, taking the Defendant into the victim’s talking with the victim by “Ig, I do not perform illegal funeral of Igs, Igs, and do not do so.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry report (A), detailed statement of processing 112 cases (Evidence Nos. 16), investigation report (where relevant data are attached, such as confirmation of recent criminal records A, summary order of the relevant case, etc.);

1. Relevant 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 criminal facts.

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