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(영문) 서울동부지방법원 2016.06.03 2016고합115
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

1. On April 19, 2016, at around 18:40 on April 19, 2016, the Defendant: (a) went under the influence of alcohol in a restaurant operated by the victim D (61 tax) located in Gangdong-gu Seoul Metropolitan Government; (b) placed plastic chairs and the water tank on the floor; (c) placed about 20 minutes of a disturbance on the floor, thereby damaging the victim’s ownership and damaging the sum of KRW 32,00,000, total market value of the water tank; and (d) interfered with the victim’s restaurant business by force.

2. Around 10:40 on April 20, 2016, the Defendant: (a) 10:40, while drinking with the victim E (S) who is his/her own seat and drinking alcohol, the Defendant: (b) “unsatisfy” without any special reason; and (c) Macing the main part of the victim, which is an empty object in the said place, and Macing the disease, the head of the victim’s body was collected; and (d) 2 parts and heats in need of treatment for about seven days to the victim, by walking the part of the victim’s bridge.

3. On April 20, 2016, at the above restaurant around 16:40 on April 20, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (defluence, etc.), damaged property, and obstructed business affairs, whether the Defendant reported the above victim D’s distortion.

I am we see whether this son, four? I am we see that this son? Before the death of the internal body, we die.

“Athrosting”, sound, string a string and a string for sale, which had been installed on the floor, was string off the disturbance.

As such, the Defendant threatened the victim for the purpose of retaliation against the provision of investigation proviso in relation to his criminal case, and damaged the total market value of 354,000 won, such as the misunderstanding of the victim's ownership, and the fraud for sale, thereby obstructing the restaurant business of the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Photographs;

1. Investigation report (the attachment of a written estimate for damage to the victim), investigation report (the confirmation of CCTV suspect's damage to CCTV inside and outside the F cafeteria), investigation report (the CCTV inside and outside the F cafeteria).

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