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(영문) 서울중앙지방법원 2017.08.23 2017고정935

폭력행위등처벌에관한법률위반(공동퇴거불응)등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

D was married on December 18, 2014 with his/her spouse E, but it was separated from April 27, 2016. Since F, the parent of the above E, and G around that time, the Seoul Gangnam-gu H Apartment 201 Dong 1405, which is a residence, protected D and E’s son’s son.

D on May 22, 2016, on the ground that E protects I in favor of the divorce action and prevents him from communicating with him, D visited the F's residence to make it difficult to do so with the Defendant, one of his parents.

1. On May 22, 2016, the Defendant of intimidation, at around 20:21, 2016, calls from the victim G (e.g., 56 years of age) in the vicinity of the said F’s residence, and, regardless of the fact, the Defendant opened the phone to the Internet to store it in society, regardless of whether he/she did not talk with the victim who is his/her spouse, assaulted the victim who is his/her spouse.

“In the end, the victim threatened the victim.”

2. On May 22, 2016, at around 22:10 on May 2, 2016, the Defendant: (a) avoided D that he/she intends to enter the said F’s residence, via beraca, to enter the safe room; and (b) demanded the said G to enter the toilet in the inside of the inside bank and to open the door, thereby returning the knife’s knife’s kn’s kn’s kn’s kn’s kn’s kn’s kn

3. On May 22, 2016, the Defendant, in collaboration with J, K, and D, demanded the victims to leave I as above at the victim F, G, and E’s residence on May 22, 2016, but did not comply with the demand, and did not stay in the ward until 22:40 on the same day, and did not comply with the demand to leave from the victims without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the interrogation of the accused, J, K, D, F, G, or E of the police;

1. Application of Acts and subordinate statutes on police statements concerning L;

1. Relevant Article of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation) and the Criminal Act concerning the crime.