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(영문) 대전지방법원 논산지원 2016.10.12 2016고합19
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

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

Reasons

Punishment of the crime

On May 1, 2013, the Defendant sentenced the Jeju District Court to six months of imprisonment for violating the Special Act on the Establishment of Jeju Special Self-Governing Province and the Creation of Free International City, and completed the execution of the sentence on September 21, 2013.

1. On April 3, 2016, at around 13:43, the Defendant: (a) when the Defendant was found to drink and drink in the “E” restaurant operated by the victim D, Seo-gu, Seo-gu, Seo-gu, Seo-si, and was found to have reported a drunk driving to the police; (b) on April 3, 2016, the Defendant found the victim to have reported a drunk driving to the police; and (c) on the part of the victim at around 17:20 on April 3, 2016, the Defendant threatened the victim of any harm to the body of the victim for the purpose of retaliation against the provision of the investigation warrant in relation to the investigation of his criminal case.

2. On April 3, 2016, the Defendant found the restaurant as indicated in paragraph 1 on the ground of paragraph 1, and returned to the restaurant, and interfered with the victim’s restaurant business by force for about 30 minutes, such as “I am different from that of the Plaintiff, I am not to give food and drink, I am me not to pay food and drink, and I am am me to drink.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made to D by the police;

1. Each investigation report (employee F and relative investigation);

1. Previous convictions in judgment: Application of inquiries, such as criminal records, and statutes;

1. Article 5-9 (2) 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 the crime (the point of interference with business and the selection of imprisonment)

1. Article 35 of the Criminal Act among repeated crimes: Provided, That the proviso to Article 42 of the Act on the Aggravated Punishment, etc. of Specific Crimes shall not apply to the crimes of violation of the Act on the Aggravated Punishment

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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