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(영문) 서울남부지방법원 2019.01.10 2018고합450
특정범죄가중처벌등에관한법률위반(보복협박등)등
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Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On February 3, 2017, the Defendant was sentenced to a suspended sentence of two years for six months of imprisonment with labor at the Seoul Southern District Court for the crime of interference with business, etc.

7. 13. The judgment becomes final and conclusive and is still under suspension of execution.

1. Around September 21, 2018, the Defendant used a knife and knife to the house of the victim B (n, 73 years of age) on the 21:30 on September 4, 2018, and tried to find out the knife and knife the knife with a large voice, such as “scrue, prompt, and dead.” The Defendant sent a view that the knife knife knife knife knife knife knife knife and knife knife knife knife knife knife,

Accordingly, the defendant threatened victims, and carried dangerous articles, and damaged the entrance door, which is the victim B, to a total of KRW 300,000,000.

2. Around 20:10 on September 6, 2018, the Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) and the Act on the Aggravated Punishment, etc. of Specific Property, showed a view that the Defendant would inflict harm on the victim C at the time of the said victims, by locating in the victim B’s house on the grounds that the said victims reported to the police of the crime under the above Paragraph 1 of Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) and putting him at large voice, such as “Ira Cro Ch, Mah, Mah, Bah,” before the house windows, she expressed a view that the said victims would be able to do so in front of the house.

As a result, the defendant threatened the victim C with the purpose of retaliation against the victim C in relation to the investigation of his criminal case, and carried dangerous objects and damaged the victim B's paintings.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Statement to C by the police;

1. On-site photographs and CCTV video files CDs;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (verification during the period of suspension of execution of sentence) statutes;

1. Article 284 of the Criminal Act as to the facts constituting the crime.

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