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(영문) 의정부지방법원 2017.01.24 2017고단42

협박

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

After the defendant divorcedd with the victim B for five years, the conflict was caused by the problem of the right of custody of the children.

1. On September 28, 2016, the Defendant would not collapse to the victim’s cell phone from C apartment in the Namyang-si of Gyeonggi-do on September 28, 2016.

A person who committed suicide shall not be dead, missing, and not external,” and “the following shall be impule. The year shall be sent to the Ministry of Health and Welfare, and the impule shall be impule, and the impule shall be impule, and the body of two years shall be impule.

"The end of tolerance" and "the end of tolerance was true."

p. Madden. “The sending of the text message.”

In other words, the victim was threatened.

2. On September 28, 2016, at around 20:20 on September 28, 2016, the Defendant called the victim B at the same location as the foregoing paragraph 1 and provided “poner’s death;

10,000,000

”, “ 내가 전화한 건 딱 한 가지야. 스스로 죽던가”, “ 아니면 은 누군가에 의해서 타살을 당하던가, 죽음을 당하던가”, “ 내가 가만히 생각해 봤는데 너 놔둬 봤자

안 돼”, “ 내가 봤을 땐 진짜 아까 얘기대로 섬에 끌려 가갖 고 어디 가서 고통이란 고통 당하지 말고 그냥 어디 가 갖고 지금 당장이라도 나가 갖고 산에 가 갖고 목 매 갖고 죽어. 알았어

In addition, " must do so for you," and "n if you do not refuse to die on their own, you must choose to do so. It should not do so any more.

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes governing the decision to take ad hoc measures by capturing letters;

1. Relevant Article 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (Consideration of the favorable circumstances to the defendant) was that the defendant made intimidation twice between the victim who was the former offender and the victim who was in custody. In light of the motive and method of the crime, the crime is not likely to be committed.