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(영문) 대전지방법원 서산지원 2014.03.28 2013고단608
특정범죄가중처벌등에관한법률위반(면담강요등)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 20, 2013, the Defendant was sentenced to ten months of imprisonment and two years of suspended execution due to indecent acts by force at the Daejeon District Court on November 20, 2013, and the judgment became final and conclusive on November 28, 2013.

Although the victim C, the victim of the instant indecent act, who was the husband of the said indecent act case, and the victim D (the husband of the said C), testified unfavorable to himself/herself in the course of the trial of the first instance court on July 1, 2013, the Defendant expressed clearly that he/she had no intention to contact with the Defendant in the future in the process of the trial of the said first instance court, even though the victims testified to the “F” restaurant operated by the victims of the victims of the said case at the time of the first instance court around July 22:00, the Defendant testified that the said C did not receive the drinking value from himself/herself on July 13, 2012.

The Defendant, in front of the above restaurant, demanded that the above D had to go through and return to him on several occasions, “A, I, I, Ga, and I,” but refused to comply therewith, and exercised force against the victims by forcing them to hold an interview for about 20 minutes, on the following grounds: (a) whether the inside and outside of the restaurant did not have any interference; (b) whether I would have to go to, or not I, I would have to go to, whether I would have to do so; and (c) whether I would have to file a complaint with, I would have to go to the public; and (d) whether I would have to go to the public; and (e) whether I would have to go to sell, I would like to say that I would have to say that I would have to go to sell.”

Accordingly, the defendant forced an interview or exercised force against a person who is aware of necessary facts in connection with his criminal case trials or his relatives without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against D or C;

1. A fact-finding certificate of G and H;

1. Investigation reports (written evidence records and reports accompanied by court records) and each of them 1.3 copies;

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