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(영문) 서울남부지방법원 2014.09.05 2014고합257
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for one year.

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 June 4, 2014, from around 23:00 to 23:40 of the same day, the Defendant interfered with the business of the victim victim D, who was in Gangseo-gu Seoul Metropolitan Government, interfered with the business of the victim, by force, the Defendant interfered with the business of the victim’s heading on the ground that the employee does not drink himself/herself. In other words, he/she cannot perform funeral services on the ground that he/she does not drink himself/herself. In other words, he/she reported to do so.”

2. On June 5, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) and the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) and the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “the Act on the Aggravated Punishment, etc.”) and the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “the Act on the Aggravated Punishment, etc. of Specific Crimes”) and threatened the said victim by saying, “In order to retaliation the act of interference with business set forth in paragraph (1) upon the report of the said head office employees, the said head office sought the said

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. Application of Acts and subordinate statutes to photographs and investigative reports on damage;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment), Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 283 (1) of the Criminal Act concerning the crime;

2. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for two crimes is aggregated);

3. Article 62 (1) of the Criminal Act;

4. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. One year to thirty-five years of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. The scope of recommendations according to the sentencing criteria; and

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