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(영문) 광주지방법원 2020.04.24 2019고합559
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 14, 2018, the Defendant was sentenced to one year of imprisonment for the crime of interference with business and insult at the Gwangju District Court, and completed the execution of the above punishment on April 23, 2019.

The summary of the facts constituting the crime in the instant case is that the Defendant interfered with the operation of the feet by bringing a bath to E, etc. at the inside and at the entrance of the victim C&C association located in the Jeonsung-gun, Nam-gun from November 22, 2017 to April 24, 2018 (Interference with business) and that the Defendant openly humped the victim F, who is a person in charge of deposit affairs, within the C&C association on December 19, 2017 (defluence).

【Criminal Facts】

1. On April 23, 2019, the day on which the execution of the above sentence was completed, the Defendant threatened the victim E with access to the victim E, who had made a statement unfavorable to the Defendant in relation to the foregoing obstruction of business within the above C Cooperatives D, and “I am h. h. h. h. h. h. h. h. h. h.h.”

As a result, the defendant threatened the victim for the purpose of retaliation against the provision of the proviso of investigation such as complaint and accusation, statement, testimony or submission of data in connection with the investigation or trial of his criminal case.

2. Around May 10, 2019, around 16:13, 2019, the Defendant threatened the Victim F with the victim F, who was working at the deposit counter, as the victim of the insult case in the said C Association, with the victim “Is the victim of the said insult case: (a) one year has been born, and one year has been extremely old; (b) one year has been reported, and (c) one year has been reported.”

As a result, the defendant threatened the victim for the purpose of retaliation against the provision of the proviso of investigation such as complaint and accusation, statement, testimony or submission of data in connection with the investigation or trial of his criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. On-site CCTV CDs;

1. Previouss before ruling: Criminal records, etc., inquiry reports, investigation reports, confirmation of repeated crimes, and relevant matters;

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