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A defendant shall be punished by imprisonment for six months.
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
[2013 Highest 4016]
1. On November 8, 2013, the Defendant ordered the victim’s alcohol at the “E” restaurant operated by the victim D (Inn, 52 years of age) in Ulsan-gu, Ulsan-gu, Seoul-do, but refused it on the ground that the Defendant was taking charge of it. However, the Defendant destroyed two glass windows of the said restaurant and damaged the 200,000 won of the repair cost by putting a stone on the front of the said restaurant, which was located in the front of the said restaurant, leading up to the entrance.
2. Intimidation;
A. At around 12:10 on November 8, 2013, the Defendant, at the same place as Paragraph (1) of this Article, threatened the victim by stating that “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am.”
B. At around 14:00 on November 8, 2013, the Defendant: (a) sought the victim D again at the same place as Paragraph (1) of this Article; and (b) made intimidation to the victim by saying, “I will not leave the building of Chosia, gasoline.”
3. Around 12:30 on October 18, 2013, the Defendant obstructed the victim’s restaurant business by taking advantage of the victim’s “H” restaurant operated by the victim G (W, 75 years of age) in Ulsan-gu, Ulsan-gu, where he had lost his cell phone at another place while under the influence of alcohol. However, the Defendant obstructed the victim’s restaurant business for approximately 2 hours and 45 minutes by force by leaving the victim’s restaurant.
4. The Defendant’s insult on October 22, 2013, on the ground that, even though the Defendant lost his cell phone in front of the restaurant as indicated in paragraph 3, the Defendant did not return his cell phone at another place, the Defendant left the cell phone in front of the restaurant as indicated in paragraph 3.