logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2013.09.13 2013고합203
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 10, 2013, the Defendant was sentenced to a suspended sentence of three years on the 18th of the same month by imprisonment with labor at the Seoul Eastern District Court for the crime of interference with business, etc.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) by the Defendant at around 23:40 on July 16, 2013, the “Empt” operated by the victim D (year 52) located in Gwangjin-gu Seoul Special Metropolitan City, and the same year

5. 9. The Defendant, on the grounds that the victim’s statement about the case where he interfered with the victim’s mate business, etc. and assaulted the police officers, was made and subsequently made a written agreement, etc., and for the purpose of retaliationing the victim’s complaint, it would be paid to the victim “Chewing gue, argue, and arsene” to the victim. The Defendant was detained due to the storm, and the Defendant was under suspended execution, and the Defendant’s statement was entirely considered to have been made. The Defendant said that the Defendant was dead by driving away his son’s family until the end.

Accordingly, the defendant threatened the victim with the purpose of retaliation against the victim's statements, etc. related to his criminal investigation or trial.

2. On July 16, 2013, from around 23:40 to 00:05 the following day, the Defendant obstructed the victim’s marina business by force by threatening the victim at the place prescribed in paragraph (1) in a large manner by threatening the victim, taking a bath in a large manner, and spiting the spits on the floor, making the customers who want to use the spits, such as spiting the spits, etc. on the floor, thereby obstructing the victim’s marina business

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to field photographs, the details of the processing of reports on 112 cases, the results of the search of prisoners, investigation reports (Attachment to judgments related to criminal records of suspects), investigation reports (Hearing victim's telephone statements) and investigation reports ( listening to police officers' telephone statements at the site);

1. Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 283 (1) of the Criminal Act concerning criminal facts shall be subject to intimidation.

arrow