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(영문) 서울북부지방법원 2013.11.01 2013고합253
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On July 26, 2013, at around 18:35, the Defendant: (a) demanded the victim to drink in the “E cafeteria” operated by the victim D (n, 60 years of age) located in Seoul Special Metropolitan City, Nowon-gu, the Defendant refused the Defendant’s request by the F, who was asked the Defendant to sell alcohol, thereby obstructing the Defendant’s operation of the victim’s restaurant by force for about 20 minutes.

2. From around 03:25 on July 27, 2013 to 03:50 on the same day, the Defendant: (a) was arrested in a flagrant offender for the same reason as described in paragraph (1) and was investigated by the police station for the same reason as described in paragraph (1) at the location described in paragraph (1); (b) was frightening the restaurant entrance; (c) was frightening with plastic chairs; and (d) the victim D (e.g., 60 years of age) “I will be unable to carry out funeral services. I am away from dump until dump.” The Defendant provided a criminal investigation report in relation to the investigation of the Defendant’s criminal case; and (d) expressed the attitude that I would like to inflict any harm on the victim’s body, etc. for the purpose of retaliationing.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment), Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 283 (1) of the Criminal Act concerning the crime (the point of

1. Of concurrent crimes, violation of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment (the maximum term of two crimes, such as intimidation, etc.).

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