A defendant shall be punished by imprisonment for one year.

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

Criminal facts

1. Property damage and interference with the business of the Defendant: (a) around May 16, 2014, from around 23:10 to 23:30, the main point of “E” operated by the victim D (W, 52 years of age) located in C; (b) on the ground that the victim refused the Defendant’s transfer request, the Defendant caused the disturbance to out of the glass wall, such as making the customers who were at the place of the disturbance by setting up three beer trings on the floor of the Defendant’s transfer; (c) cutting off three beer trings on the floor; and (d) putting the steel products into the glass wall, and making them gold on the glass wall.

As a result, the defendant damaged the victim's property in 120,000 won and interfered with the victim's main business by force.

The prosecutor reported the crime of damage to property and the crime of interference with business as substantive concurrent crimes and prosecuted the prosecution.

However, there is no circumstance that the defendant interfered with the main business of the victim by means other than the damage of property, so the single act of the defendant, such as the damage of property, satisfies the elements of the crime of causing property damage and the crime of interference with business, and thus both crimes are considered as a conceptual concurrence relationship.

2. 특정범죄 가중처벌 등에 관한 법률 위반(보복협박등) 피고인은 피해자가 제1항의 범행을 신고하여 경찰서에서 조사를 받았다는 이유로 화가 나, 2014. 5. 17. 01:50경 위 주점에 찾아가 상의를 벗고, “어젯밤에 누가 신고했어. 어디 또 한번 신고해봐라. 형사가 신고자 명단을 다 가르쳐 주었다. 씨발년 저년 당장 데리고 나와.”라고 말하며 피해자에게 위해를 가할 듯한 태도를 보였다.

Accordingly, the defendant threatened the victim with the purpose of retaliation against the provision of investigation teams in relation to the investigation of his criminal case.

Summary of Evidence

Defendant’s legal statement

D. Article 366 of the Criminal Code, Article 314(1) of the Criminal Code, Article 314(1) of the Criminal Code, for the criminal facts covered by the law of written statement of the police against D, F, on-site photo of each statement of the F, and written statement of the crime in the application of written estimate.