logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.02.18 2018고합1073
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the obstruction of the performance of official duties is acquitted.

Reasons

Punishment of the crime

[criminal power] On May 28, 2018, the Defendant was sentenced to one year of a suspended sentence of four months for embezzlement of stolen objects by possession at the Seoul Central District Court, and the said judgment became final and conclusive on June 5, 2018, and is currently under the grace period. On September 21, 2018, the Defendant was sentenced to three years of a suspended sentence to imprisonment with labor for two years for the crime of attempted building and fire prevention by the same court, and is currently under the appellate trial.

【Criminal Facts】

1. On October 24, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) committed fighting with another person before the C convenience store located in Gwanak-gu in Seoul Special Metropolitan City, and was arrested as a flagrant offender in the assault case upon reporting by the said convenience store operator 112.

The following day, the defendant found the convenience store operator, etc. who reported the defendant on the following day, and tried to take retaliation against the defendant.

On October 25, 2018, at the above convenience store around 16:52, the Defendant stated that the victim D (hereinafter referred to as 25 years of age) who is an employee would have filed a complaint; “Isk kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn knb

Accordingly, the defendant threatened the victim for the purpose of retaliation.

2. Around 11:30 on November 1, 2018, the Defendant made a 112 report that other customers smoke in the “Fda” located under the Gwanak-gu Seoul Special Metropolitan City E, and then sent to that site, H’s view that smoking control in the circumstances belonging to the G District of the Gwanak-gu Police Station G District was not subject to the police control but under the jurisdiction of the competent Gu office, and that the smoking control was not under the jurisdiction of the competent Gu office. In the course of being reported by multiple owners, customers, etc., the Defendant made a public insult of H by publicly insulting the above Inspector H by referring to “the head of the audit and inspection division by making a phone flick. If flick flick and flick flick flick flick flick flick flick flick.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, I, and H;

1. A written statement of theJ of the point of convenience;

1. A copy of the letter of arrest of a flagrant offender on October 24, 2018;

1. A suspect subject to the investigation report on October 2018.

arrow