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(영문) 울산지방법원 2015.05.29 2014고합369
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On April 13, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) received a summary order of KRW 300,000 from the Daegu District Court to a fine for the crime of assault, and on July 13, 2012, the same court was notified of a summary order of KRW 5 million to a fine for the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, but was discharged in arrears

On January 6, 2014, around 16:15, the Defendant arrested a flagrant offender by a police officer who assaulted the victim D (n's age 56) before Ulsan-gu C, Ulsan-gu, and dispatched to the victim's report. During the process of verifying personal information, it was confirmed that the Defendant was under way to pay a fine. On January 7, 2014, the Defendant was transferred to the Ulsan District Prosecutors' Office, and the Defendant was detained in the Nowon-gu, Ulsan District Prosecutors' Office from around that time to April 21, 2014.

피고인은 2014. 4. 22. 12:00경 울산 남구 E에 있는 F시장 내 피해자가 운영하는 노점상에서 피해자의 112신고로 자신이 폭행사건으로 조사를 받고 나아가 자신의 벌금미납 수배사실이 확인되어 노역장 유치집행된 것에 대한 보복의 목적으로 피해자에게 “니 때문에 구치소 갔다왔다, 도끼로 찍어 죽여 버린다, 칼로 쑤셔버린다, 낫으로 쪼아 죽여 버린다, 땅에 묻어버린다, 밤길 조심해라, 으슥한데서 한번 아다리 되면 그대로 땅에 묻어버린다”고 소리쳐 피해자를 협박하였다.

The Defendant, including this, threatened the victim with the purpose of retaliationing the provision of the proviso to investigation in relation to the investigation or trial of his criminal case over a total of 20 times from April 22, 2014 to May 11, 2014.

2. On May 1, 2014, around 11:30, the Defendant interfered with the business of the Defendant: (a) around H meal points operated by the Victim G (M, 44 years old) in the FF market; (b) the Defendant sought to enter the above decentralization store with three (3) a person who is on one’s own, on one’s own, and (c) on the part of the victim.

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