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(영문) 수원지방법원 평택지원 2019.08.23 2019고합84
특정범죄가중처벌등에관한법률위반(보복협박등)등
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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 became final and conclusive.

Reasons

Punishment of the crime

1. On April 18, 2018, from around 19:00 to around 19:16, the Defendant: (a) requested the exchange of KRW 50,00 to the victim D (the 48 years of age) who is an employee of Pyeongtaek-si B; (b) the victim misleads the victim that he would pay food costs of KRW 50,00,000; and (c) the victim paid the food cost, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance, such as talking the victim’s abusive, putting the odor on the floor, raising the odor on the table, and passing sound.

2. On April 18, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) (hereinafter “Aggravated Punishment, etc.”) was released on the same day after the police officer, who was dispatched after having received 112 report on the victim’s interference with the restaurant business on April 18, 2018, sought to ask the victim about the crime of interference with business operation, and was arrested as a flagrant offender by intimidationing the victim, and on the same day (19:52).

Around April 18, 2018, the Defendant found a flagrant offender arrested upon the victim’s report as a restaurant on the above paragraph 1 of the same Article, and threatened the victim, stating, “Is the victim whether I am frith, Is am laved, Is am laved, Is am laved, Is am laved, Is am laved, Is am laved.”

As a result, the defendant threatened the victim with the purpose of retaliation against the provision of a criminal investigation report, etc. in relation to his criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. The criminal place, the investigation report, and the site photograph;

1. Application of Acts and subordinate statutes to investigation reports (CCTV attachment), investigation reports (victims and telephone reports);

1. Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283(1) of the Criminal Act and Article 314(1) of the Criminal Act regarding criminal facts (the point of intimidation for the purpose of return), the relevant provision of the relevant Act on the crime, and Article 5-9(2) and (1) of the Act on

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