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(영문) 서울남부지방법원 2017.10.30 2017고합436
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

“2017 Gohap 436” 2017 Gohap 441

1. On May 23, 2017, the Defendant: (a) on the ground that: (b) around 18:00 on May 23, 2017, the Defendant: (c) the fluor of a fluorous fluor of a bitch, fluor of a bitch, fluor of a fluor of a bitch, fluor of a bitch, fluor of a bitch, and fluor of a bitch

The victim interfered with the victim’s restaurant business by force of approximately 8 minutes, such as putting the victim into mind, bringing the victim’s bath, allowing the customer to leave, etc.

2. On May 23, 2017, the Defendant was arrested as a flagrant offender of the crime of interference with the duties and became subject to investigation as described in paragraph (1) around 18:28 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Defendant was arrested as a flagrant offender of the crime of interference with the duties.

On May 23, 2017, the Defendant: (a) was arrested and investigated at a “G” restaurant operated by the injured party to the F of Guro-gu Seoul Metropolitan Government on May 23, 2017; and (b) upon release, the Defendant was able to report on the “G” restaurant, which is another restaurant operated by the injured party to the F of Guro-gu.

B. The victim expressed his attitude that "I will not engage in funeral services," and then threatened the victim with any danger and injury to the victim's body or property.

Accordingly, the defendant threatened the victim with the purpose of retaliation against the provision of investigation proviso and statement in connection with the investigation of his criminal case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. Stick photographs possessed at the time of intimidation;

1. Police investigation report (Investigation of shots);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 283 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act (the point of interfering with business and the selection of imprisonment) (the point of interference with business and the selection of punishment);

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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