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(영문) 부산지방법원 2017.09.15 2017고합286
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

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

Of the facts charged of this case, the prosecution against intimidation is dismissed.

Reasons

Punishment of the crime

[Power of crime] On September 9, 2016, the Defendant was sentenced to one year of imprisonment and two years of suspended execution, and the judgment became final and conclusive on the 20th of the same month, due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court.

[Criminal facts] 2017 Gohap 286

1. On May 24, 2017, at around 14:05, the Defendant damaged the “E” restaurant for the victim’s D operation in Busan Flue Port C, and on the ground that the victim had made a speech before the victim, “I am under the influence of alcohol”, the Defendant found the victim under the influence of alcohol so as to comply with the foregoing, and then damaged the victim’s “I am under the influence of alcohol” and “I am under the influence of the Defendant’s drinking glass,” and at the entrance of the restaurant at the entrance of the restaurant, the Defendant laid off the box of the yellow plastic material at the entrance of the restaurant, thereby impairing the amount of KRW 260,00 in the market value of the glass window.

2. On May 31, 2017, from around 16:30 on to 17:10 on May 31, 2017 to the “E” restaurant for the victim D’s operation of the Busan Franchi C, the Defendant: (a) found the victim’s complaint against the reported fact to the police; and (b) found the victim’s complaint against the reported fact as referred to in paragraph (1).

In addition, it interfered with the victim's restaurant business by force for about 40 minutes by pointing out gasoline "I will throw away gasoline, I will throw away the glass, and by doing an act to shoulder the glass with head, making a threat for the purpose of retaliation against the reported facts to the police, and by the above disturbance, five customers who were the meals in the restaurant feel off, and going out at the restaurant, which interfered with the victim's restaurant business by force for about 40 minutes.

around 19:05 on May 23, 2017, the Defendant ordered the victim to drink at the “E restaurant” restaurant operated by the victim D in Busan-gu Busan-gu, Busan-do, but it was rejected on the ground that the victim had already been under the influence of alcohol.

Accordingly, the defendant.

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