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(영문) 춘천지방법원 원주지원 2014.05.28 2013고단769

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On July 4, 2013, at around 16:42, the Defendant sent a code, words, sound, or image through wire, wireless, optical, or other electronic means, such as recording in the list of crimes in attached Form C, by allowing a person to walk a phone with his own mobile phone from the aforementioned date and time to August 15:19, 2013, or by transmitting a code, words, sound, or image through wire, wireless, optical, or other electronic means, such as sending a sound in the process of making a telephone call, or by transmitting it in fact in the process of making a telephone call with C with a mobile phone, the Defendant violated the ruling of protective disposition six times on May 15, 2013.

2. Around 20:00 on August 10, 2013, the Defendant violated the ruling on a protective disposition under paragraph (1) stating that the Defendant would not access the victim’s residence within 100 meters from the victim’s residence by searching for the victim C’s residence located in the original city, leaving a door door, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of a copy of the decision on a protective disposition;

1. Relevant Articles 63 (1) 1 and 40 (1) 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and the Selection of Punishment, etc. of Crimes of Domestic Violence; Articles 63 (1) 1 and 40 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on the following factors: (a) after the prosecution of the instant case, the Defendant and the victim have been brought to a divorce suit (the case of divorce in the Chuncheon District Court Branch Branch of 2013Ddan1938, etc.); (b) the conciliation has been made with the content that the victim does not want the punishment against the Defendant. The dismissed part

1. Facts charged;

A. On August 14, 2012, the Defendant violated the Punishment of Violences, etc. Act (Intimidation with collective groups, deadly weapons, etc.) is adjacent to the F Middle School Sports Center E in the original city around 20:30 on August 14, 2012.