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(영문) 울산지방법원 2012.11.16 2012고단2094

폭력행위등처벌에관한법률위반(상습협박)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On April 9, 2012, the Defendant, as a driver of C honorary professional victim D (n, 39 years of age) who was a Co., Ltd., maintained a Buddhist relationship, such as having sexual intercourse with the victim on April 9, 2012, and having sexual intercourse or having sexual intercourse with the victim at the Defendant’s residence located in Ulsannam-gu E.

1. On June 3, 2012, the Defendant violated the Act on the Protection, Use, etc. of Location Information: (a) attached a mobile phone at the lower part of the Hbea-gu F Parking lot owned by G, the husband of the G, at the G F Parking lot in Ulsan-gu, Ulsan-gu, and received notification of the automatic real-time location information from the Defendant’s cell phone connected to the Aba-gu Aba-si program.

Accordingly, the Defendant collected location information of a passenger car owned by G without obtaining consent from G.

2. Violence;

A. At around 13:00 on June 6, 2012, the Defendant demanded the victim D money at the Defendant’s home of Ulsan-gu Itel 801, Ulsan-gu Itel, the Defendant sought the victim’s statement that 500 million won may be prepared from the victim, and the victim “I am inside and outside of 500 million won, but I am inside and outside of 500 million won, but I am after my husband’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.”

나. 피고인은 2012. 6. 25. 20:00경 울산 남구 J빌라 101동 1601호 피해자 D의 집에서 피해자가 병원에 입원한 남편을 보러 간다고 하자 이에 화가 나, “쑈하는 거다. 정신 차려라.”고 소리를 치며 손으로 피해자의 뺨을 20회 때려 폭행하였다.

3. Violation of the Punishment of Violences, etc. Act (Habitual Intimidation);

A. The Defendant, at around 11:00 on June 6, 2012, at the Defendant’s home of Ulsan-gu Itel No. 801, the victim D’s cell phone is killed.

The limit of the annual card shall be 400,000 won or less from the alcohol house (Kju store) and shall be marred with the card.