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(영문) 제주지방법원 2019.08.23 2019고단962

존속폭행등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

피고인은 피해자 B의 큰며느리 겸 피해자 C의 올케로서, 금전 문제 등으로 인해 시댁식구들과 갈등이 있어 왔다.

1. Around 03:00 on December 2, 2018, the Defendant, at the house located in the victim B (the age of 75)’s residence located in Seopopopo City D, was fright to walk with the above victim’s cover, and was fright to leave the house. The Defendant used the victim’s lineal ascendant on the floor of hand, i.e., one time the instant victim’s left buck, and twice the left buckbucks.

2. Around December 1, 2018, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc.: (a) sent text messages to the victim C using a mobile phone at a 08:16 no more than Jeju city; (b) “Around December 1, 2018, the Defendant received living expenses of KRW 900,000 from the 47-year-old city to the 47-year-old city; and (c) the Defendant received the said victim’s living expenses until the 5:52, from the time of the transmission of text messages to the time of the 29-year-old period from the time of the occurrence of anxiety or fear through an information and communications network, the Defendant repeatedly sent the text messages to the said victim to reach the said victim by repeatedly reaching the said victim, as indicated in the list of crimes committed in the attached Table.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Each statement made by the police officer against B and C;

1. Each statement in the petition filed by B and C;

1. Application of each of the visual Acts and subordinate statutes to the output of text messages;

1. Article 260 (2) and Article 260 (1) of the Criminal Act and point of Article 260 (1) 2: Each point of Article 74 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Article 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.