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(영문) 의정부지방법원 2016.09.08 2016고합271
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 February 4, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Intimidation, etc.) issued a summary order of KRW 2 million in fines for the crime of interference with business against the victim C (age 50) by the Jung-gu District Court on the crime of interference with business against the victim, etc., the Defendant was willing

At around 11:45 on May 29, 2016, the Defendant, “E” in the “E” of the victim’s operation located in Spocheon-si D located in Spocheon-si, had been punished by a fine of KRW 2 million. In addition, the Defendant expressed the attitude that the Defendant would inflict any harm on the victim’s life, body, property, etc. by stating that the Defendant would not go to the gas station unless the fine is imposed.”

2. At around 30.09:00 on May 30, 2016, the Defendant obstructed the victim’s operation by force by avoiding disturbance for about 10 minutes, such as “G” in the operation of the above victim F, on the ground that the victim refused the Defendant’s request for drinking water on credit.” On the ground that the victim refused the Defendant’s request for drinking water on credit, the Defendant interfered with the victim’s operation by force.

3. Damage to property;

A. On March 1, 2016, around 12:00, the Defendant damaged the victim J’s “K” restaurant operated by Spocheon-si I by cutting off the Defendant who was waiting for a bus at the bus stops in front of the said restaurant and having entered the said restaurant, thereby damaging the victim’s market price, which is equivalent to KRW 30,000,000, by cutting off the above restaurant which is owned by the victim.

B. On April 29, 2016, the Defendant: (a) around 20:40 on April 29, 2016, posted a banner with the content of “N” posted by the victim M on the bulletin board at Pocheon-si L, thereby damaging property at the market price by putting 1 meter wide and 70cm high.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness;

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