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(영문) 서울중앙지방법원 2015.04.09 2014고합1449
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Around November 30, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) committed by the victim D (the 61 year old) in Jongno-gu Seoul Metropolitan Government around 19:00, on the ground that the victim reported the Defendant to the police in front of the street by insulting the Defendant several times on the street, etc., and the victim was able to d.2 million won a total of 4,200,000 won a fine due to a cry, collapse, etc. Around November 30, 2014, the Defendant threatened the victim for the purpose of retaliation against the victim who provided the investigative force to his criminal cases,

2. On November 30, 2014, from around 19:00 to the next day 00:30 of the following day, the Defendant obstructed the victim’s street occupation by force by failing to purchase the disturbance at the victim’s street occupation by having the customers, who were trying to purchase the disturbance from their street points, with the victim’s desire to take care of “hys of the same age as the baby, the East capital,” and “hys of the same knife in the same knife,” at the place indicated in the preceding paragraph.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Legal statement of witness D;

1. Application of each investigation report (in the police station A, reporting the victim D to a suspect A as a crime of insult, the victim's search and investigation, judgment on a suspect-related case and summary order attached thereto) and Acts and subordinate statutes;

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 concerning the crime (the point of interference with business and the choice of imprisonment);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (limited to the sum of the long-term punishments of the crimes above two crimes) ;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) is as follows.

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