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(영문) 부산지방법원 2015.01.16 2014고합676
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On March 12, 2014, the Defendant sentenced eight months to imprisonment for damage to public goods at the Busan District Court on September 11, 2014, and completed the execution of the sentence at the Busan Detention House.

1. Interference with business;

A. From September 28, 2014 to December 35 of the same day, the Defendant obstructed the victim’s restaurant business by forcing customers who had entered the restaurant from around 12:25 on September 28, 2014, to enter the restaurant operated by the victim C in Busan Dong-gu, Busan to seek an open space. The Defendant interfered with the victim’s restaurant business by force by forcing them to avoid entering the restaurant by avoiding disturbance, by putting the metal products and the bricks for setting up the advertising board, which were located there on the entrance, with the Defendant, to drink the alcohol together with the Defendant.

B. From around 17:00 on September 28, 2014 to 19:15 on the same day, the Defendant obstructed the victim’s restaurant business by force by getting the customers on the restaurant, who had been in the restaurant, to get out of the restaurant, and let the above F belong to the Defendant in the I restaurant operated by the victim G located in Busan Dongdong-gu, Busan, for the reason that the said F belonged to the Defendant.

2. The Defendant committed assault against the Victim G on the ground that the Victim G (55 years of age) prevented the Defendant at a time, time, and place as set forth in paragraph 1(b) and on the ground that the Victim G (55 years of age) prevented the Defendant, the Defendant committed assault against the Victim G on twice.

3. The criminal defendant against the victim G does not have any means of payment, such as cash in possession at the same time and place as that of paragraph 1(b), and thus, he/she has no intention or ability to pay the amount properly even if he/she orders alcohol and alcohol to the victim G.

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