20 Highest 3979,5174(consolidated), heavy confinement, intrusion upon a building, and violation of the Road Traffic Act

(Unlicensed Driving), intimidation, and the use of information and communications networks;

violation of the Act on Promotion and Information Protection, Etc.;

Attempts to Escape

Ansan, 87, South and North, and other employees

Residence Jeonnam

Kim Jong-young (prosecution) and private harassment (public trial)

Attorney Doh-soo (Korean)

may 3, 2021

A defendant shall be punished by imprisonment for three years.

Criminal History [2020 Highest 3979]

On May 16, 2019, the Defendant was sentenced to imprisonment of one year and two months in the Ulsan District Court for night building intrusion, theft, etc., and completed the execution of the sentence in the port prison on November 7, 2019.

From February 2020, the Defendant has continuously demanded the victim to walk the phone from around February 202, 200, since the victim's assistance toward the victim (le, 30 women), and immediately after the victim's assistance to the victim.

1. Heavy confinement;

On April 21, 2020, the Defendant: (a) had the victim take a 2nd floor of the above 1st century and enter the 2nd floor of the 2nd floor; (b) had the victim take a string of the 2nd floor; (c) had the victim take a string of the 2nd floor; (d) had the victim take a string of the 2nd floor; (d) had the victim take a string of the 2nd floor; (e) had the victim take a string of the 2nd floor; (e) had the victim take a string of the 2nd floor; and (e) had the victim take a string of the 2nd floor; and (e) had the victim take a string of the 2nd floor; and (e) had the victim take a string of the 2nd floor; (e) had the victim take a string of the 2nd floor; and (e) had the victim take a string of the 2nd floor.

Accordingly, the Defendant committed harsh acts by putting the victim into the victim's residence and the car for about four hours.

2. Violation of the Road Traffic Act;

On April 21, 2020, from around 20:21 to 20:37, the Defendant driven QM6 car without a car driver’s license from the first floor parking lot underground of the mother building in Yangsan-si to the studio in Yangsan-si to the front studio in Yangsan-si.

3. Intrusion a structure;

The Defendant, as stated in the above paragraph (1), made several calls from the victim’s house to the victim, but the victim was prevented from receiving the phone without having received the phone. On April 23, 2020, the victim was *****H, even though the victim did not enter the beauty room, and infringed on the structure managed by the victim after entering the beauty room.

4. Violation of the Act on Terrorism and Promotion of Utilization of Information and Communications Network and Information Protection.

Around April 23, 2020, the Defendant was arrested with 112 report by the victim, but on April 25, 2020, the Defendant was dismissed and released on April 25, 2020.

Therefore, the Defendant 37 telephone numbers from April 27, 2020 to May 21 of the same year, including the telephone numbers used by himself, 605 times in total, and around May 11, 2020, 14: (a) around 14:14, 200, the Defendant sent 37 telephone numbers to the victim, and (b) around May 14, 2020, “Isker and play meat? (b) one person meat? One, one person meat, one person meat, and one person meat, and one person meat, and one person is well-known. The Defendant sent me at the same time, as the bitus bitus son’s bitus son’s bitine, and thus, sent 170 days mobile phone codes and images to the victim through the victim’s Kao information and communications network (hereinafter “the victim’s Professor’s Kao’s Kao’s x.”).

[20 Highest 5174]

5. Attempted escape.

On September 16, 2020, the Defendant was detained due to the heavy confinement, etc., and was confined to the detention room of the Yangsan Police Station located in Yangsan-si on the same day. On September 10, 2020, the Defendant completed an investigation at the criminal team statement recording room of the Yangsan Police Station on September 15:26, 2020, and attempted to keep the escorting police officer with the consent of the guard while moving to the detention room, and tried to escape from the wall of the police station through the ground parking lot. However, the Defendant failed to complete such investigation and attempted to keep the escort police officer from the wall of the police station.

Summary of Evidence

[20 Highest 3979] (Omission)

[Defendant and defense counsel asserted that there was no fact that the victim had been detained together with the defendant at the time of criminal facts paragraph (1) of the same Article with the victim's free will. Thus, the victim stated that the victim had consistently and specifically exercised custody and violence against the victim's will. According to CCTV of underground parking lot, when the defendant takes the victim into the vehicle, the victim resisted the victim, but forced him/her, leading him/her, leading him/her to his/her vehicle, and the victim was called to the victim's house at the time of the instant case, and the police called the victim's house, called the victim's house, called the victim's house, called the victim's house, called the victim's house at the time of the instant case. In light of these circumstances, this part of this part of the argument is without merit since the defendant sufficiently recognizes the fact that the victim detained the victim as stated in paragraph (1) of the criminal facts, and led him/her to a harsh act with the police.

Application of Statutes

1. Article applicable to criminal facts;

Article 277(1) of the Criminal Act (the point of confinement), Article 319(1) of the Criminal Act (the point of entering a building), Article 152 subparag. 1, Article 43 of the Road Traffic Act (the point of unauthorized Operation), Article 283(1) of the Criminal Act (the point of intimidation), Article 74(1)3, and Article 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the point of repeated arrival of the language causing unrefence), Articles 149 and 145(1) of the Criminal Act (the point of attempted attempts)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the crime of intimidation and the crime of violation of Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.)

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act with reasons for sentencing as follows: The defendant's age, family relation, growth process, character and behavior, living environment, the circumstances and results of the crime of this case, and all the conditions of sentencing specified in the records and arguments of this case shall be comprehensively considered.

○○ Unfavorable Circumstances: Although the victim had already been punished for committing a crime that intrudes on the victim’s residence or damages property, it continues to commit an act of violence and cruel acts while gathering the victim for a long time, by demanding the police officer dispatched due to confinement to make a false statement from the victim; the victim continues to commit the crime by interview and interviewing the victim; the victim reported the instant case to the police; the victim repeated the intimidation text message to the police; sent the victim a hand-over text message to the victim without receiving the phone; the victim sent the text message of intimidation to the victim rather than reflect the victim upon dismissal of the detention warrant once; the victim committed the instant crime during the repeated crime period; the victim committed the instant crime; the victim committed the instant crime during the repeated crime; the fact that there was a power to commit the crime by gathering the body photograph of the female-friendly Gu after hedging with the female-friendly Gu; the escape attempted after detention; the victim suffered a big physical damage due to excessive arrival of the defendant; as well as the victim suffering from mental damage easily and easily.

○ favorable normal conditions: The fact that there is no record of punishment for the same crime.

Judges Kim Gung-sung