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(영문) 서울남부지방법원 2019.03.28 2018고합468
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On September 26, 2018, from around 18:30 on September 26, 2018 to 19:00 on the same day, the Defendant: (a) at the victim C and the victim D’s “E” restaurant operated by Yangcheon-gu Seoul, Yangcheon-gu, Seoul; and (b) was able to have a noise, talking with sound, singing, and singing.

Accordingly, the Defendant: (a) caused the disturbance of the victim D to go in the restaurant, and thereby interfered with the victim’s restaurant business by force by driving the disturbance, such as driving the victim D’s breast at one to two times.

2. The Defendant had the awareness of the fact that the victims were forced to leave the restaurant by the police dispatched by the victim D's report regarding the date and time stated in Paragraph 1 and the fact that the victims had obstructed their work at the place.

피고인은 2018. 9. 26. 19:30경 서울 양천구 F에 위치한 피고인의 집 싱크대에 있던 위험한 물건인 식칼(총 길이 약 27cm, 칼날 길이 약 18cm)을 집어 들고, 같은 날 20:00경 피해자들이 운영하는 ‘E’ 식당에 찾아가 그곳 주방으로 들어가 오른손으로 식칼을 들고 주방 칸막이 테이블을 2회 내리치면서 “왜 내가 신고를 당해야 되냐, 내가 뭘 잘못했냐”라고 말하며 피해자들에게 겁을 주고 소란을 피웠다.

As a result, the defendant threatened victims for the purpose of retaliation against the provision, statement, testimony or submission of materials in relation to the investigation or trial of his or another criminal case, and at the same time interfered with the restaurant business of the victims by force.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Each prosecutor's statement concerning C and D;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. On-site photographs, etc.;

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