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(영문) 서울북부지방법원 2018.10.19 2018고단912
협박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2018 Highest 912]

1. Before January 7, 2018, at around 02:20, the Defendant: (a) 101-dong 506, Seoul Special Metropolitan City, Nowon-gu apartment housing 101-dong 506, and, (b) her wife, her wife did not open the door hacker and open the door hacker; (c) her wife hacks hacks that she brought about 10 won at the house; and (d) she threatened the victim, such as the opening of the door hacker and the hacker window hacker.

[2018 Highest 2585]

2. On May 28, 2018, the Defendant was ordered to temporarily protect the victims of a crime of domestic violence, stating that “no access shall be made within 100 meters from the Seoul Family Court to the victims’ residence or within 100 meters from the residence until a victim protective order is determined.”

Nevertheless, on June 6, 2018, from around 00:00 to 06:00 on the following day, the Defendant violated the temporary protection order two times by entering respectively, Nowon-gu, Seoul Special Metropolitan City, the victims’ residence, around 00:12, and around June 9, 2018, Nowon-gu, Seoul Special Metropolitan City, the victims’ residence.

Summary of Evidence

[2018 Highest 912]

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police with D [2018 senior order 2585];

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of a copy of a decision on temporary protection order;

1. Relevant legal provisions of the Criminal Act, Article 283(1) of the Criminal Act, Articles 63(1)2 and 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and the Selection of Imprisonment with prison labor, respectively;

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 crime of assaulting and threatening the victim D, who is the wife, is not good in that the criminal defendant again commits each of the crimes of this case while being investigated and tried, but the criminal defendant committed the crime.

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