(영문) 제주지방법원 2019.06.26 2019고단808

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(영문) 제주지방법원 2019.06.26 2019고단808

존속협박등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 4, 2018, the Defendant was sentenced to one year from the Jeju District Court to imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and the execution of the sentence was exempted from special amnesty on February 28, 2019 during the enforcement of the sentence.

The defendant is the victim B(n, 80 years of age) and mother and child relationship.

1. On April 2, 2019, the Defendant: (a) around 21:50 on April 2, 2019, the Defendant: (b) in the residence of the Victim C in Jeju; (c) “At the victim, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife”;

2. On February 27, 2019, the Defendant was rendered a decision to extend a victim protection order with the purport that “the offender (defendant) shall not have access to the offender until February 28, 2019 and shall not have access to telecommunications until April 28, 2019” by the Jeju District Court.

Nevertheless, around February 28, 2019, the Defendant found C’s place of residence in Jeju-si, and resided with the victim until April 13, 2019, and failed to comply with the above victim protection order.

Summary of Evidence

1. Legal statement of the witness B;

1. The police statement concerning B;

1. 112 reported case handling table, text of decision to extend a victim protection order, and related photographs;

1. Previous convictions: Criminal history records, etc., investigation reports (report on the confirmation of the fact of repeated crime), personal confinement status, and report on the result of confirmation of the previous disposition (the defendant and his defense counsel asserted that there was no threat of the victim at the time in relation to the point of intimidation on the existence of the crime in this case. However, according to all evidence, such as the witness B's investigation agency and the statements in this court, the above assertion can be recognized as a crime of threat on the existence of a crime

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

참조조문

-가정폭력범죄의 처벌 등에 관한 특례법

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