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(영문) 서울중앙지방법원 2015.04.02 2015고합34
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. On November 21, 2014, from around 02:00 to 03:00 of the same day, the Defendant interfered with business, at the E main point operated by the victim D (Woo, 49 years of age) located in Dongjak-gu Seoul Metropolitan Government, the Defendant avoided the disturbance of the Defendant, such as, inter alia, that the Defendant “dipating, .e., governance., chex.,” to the other customers who were seated at the same place, and caused the said customers to leave there.

Accordingly, the Defendant interfered with the victim's bar business by force.

2. From 00:00 on December 24, 2014 to 01:00 on the same day, the Defendant: (a) while drinking alcohol at the main points specified in paragraph (1) of the said paragraph from around 00:00 to around 01:00 on the same day, the Defendant: (b) obstructed the performance of duties; (c) obstructed the Defendant: (d) obstructed the said victim D from entering the area; (d) “packer shall not go out of the outside; (e) hacker shall do so; (e) hacker shall be hacker over a chickbridge; and (e) hackers shall not enter the area, such as a beer’s 4 disease, 10,000 won in total, the market price of the victim’s possession on the table; and

Accordingly, the defendant interfered with the business of the victim's bar business by force and damaged the victim's property.

3. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) made a phone call to the said victim D using the cell phone at an irregular place on December 24, 2014, and the victim reported the crime under the above paragraph (2) to the police, stating that “the victim reported to the police, if he/she reported to the width, he/she will not leave him/her.” It means that he/she will store a width.”

As a result, the defendant threatened the victim for the purpose of retaliation against the provision of a criminal investigation report, such as accusation or accusation, statement, testimony or submission of data in connection with his/her criminal case investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of each statute on photographs;

1. Article 314 (1) of the Criminal Act (a point of interference with business) and the Criminal Act concerning the facts constituting an offense;

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