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(영문) 서울동부지방법원 2018.05.25 2017고단4286
협박등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 13:50 on December 10, 2017, the Defendant: (a) found in Seongdong-gu Seoul, Seongdong-gu, Seoul, where the Defendant was living separately from the Defendant (the age of 46) and the Defendant: (b) 13:50 on December 10, 2017; (c) obstructed the Defendant, who was dispatched to the site upon receiving his report by the Defendant, to access E, etc.; and (d) H, who was in the position of the Sungdong Police Station G District, in Seoul, Sungdong-dong, Seoul, where he was called to the site, the Defendant: (a) saw the Defendant to have access to E, etc.; (b) was snicked by her finger, and (c) h was snicked with h’s throf; and (d) was assaulted by the Defendant, “Issk and h

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

On January 9, 2018, the Defendant received a decision of provisional protection order ordering the Seoul Family Court to not access within 100 meters from the temporary site and workplace of the victim E, currently being separated from the divorce lawsuit, until the victim protection order is decided.

그럼에도 불구하고 피고인은 2018. 2. 경 서울 성동구 I에 있는 피해자의 주거지로 찾아가고, 2018. 2. 26. 18:00 경 서울 성동구 J에 있는 피해자의 직장에 찾아가 강제로 피해자에게 팔짱을 끼는 등의 행위를 하고, 2018. 2. 27. 08:50 경 위 피해자의 직장을 다시 찾아가 피해자에게 접근한 후 피해자가 경찰에 신고 하려하자 피해자의 휴대폰을 빼앗는 등 각각 위 임시보호명령을 위반하였다.

Summary of Evidence

"2017 Highest 4286"

1. Statement by the defendant in court;

1. The respective legal statements of H and E;

1. Each police statement protocol with H and E "2018 Highest 891";

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (No. 6 times a year);

1. Provisional internment order;

1. Application of statutes on field photographs;

1. Article 136(1) of the Criminal Act applicable to the crime and Article 136(1) of the choice of punishment (a) of the Criminal Act, and Article 63(1)2 and Article 55-4(1) of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (a violation of an ad hoc protection order), respectively, shall be applicable.

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