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(영문) 인천지방법원 2016.06.09 2016고합254
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 27, 2015, the Defendant was sentenced to ten months of imprisonment by the Incheon District Court due to interference with business affairs, etc., and completed the execution of the above sentence on April 15, 2016.

Defendant C (56 years old), and the victim D (60 years old), who made a statement to the victim in relation to the case subject to the above imprisonment with prison labor, sought to be a restaurant operated by the victims for the purpose of fluence and retaliationing the victim’s statement to the disadvantage of the defendant in this investigation process.

1. On April 15, 2016, the Defendant expressed a bath at the “F” restaurant operated by the said victim C in Seo-gu Incheon, Seo-gu, Incheon on April 15, 2016, the Defendant: (a) expressed a large voice that the said victim “I have left the restaurant; (b) I have been aware of whether I have been able to properly engage in drinking breathy; and (c) I shall not be able to engage in any fluent funeral; and (d) I would not enter the restaurant with approximately 10 minutes of the fluence and let customers who were in the restaurant enter the restaurant.

After all, the defendant, in relation to the investigation or trial of his or another criminal case, threatened the victim with the purpose of retaliation against the provision of the proviso of investigation, such as a complaint or accusation, statement, testimony, or submission of data, and interfered with the victim's restaurant business by force.

2. Around 16:50 on April 16, 2016, the Defendant expressed that “responding from the above restaurant, the victim C, and D” was “responding to the said restaurant,” and the Defendant expressed that “I will be able to engage in frecing, pine four funerals, and will not be able to do so,” and that I would not enter the restaurant, and that I would like to say that I would frecing the name infrecing, frecing, and grecing to the name infrecing, “I will frecing, grecing,” and that I would not enter the restaurant.

Ultimately, the purpose of retaliation is to provide a proviso to investigation, such as filing a complaint or accusation, in relation to the investigation or trial of his/her criminal case or another person's criminal case, and to present statements, testimony or materials.

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