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(영문) 부산지방법원 2015.03.19 2014고정4196
폭력행위등처벌에관한법률위반(공동주거침입)등
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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Intimidation;

A. At around 12:40 on December 3, 2013, the Defendant sent a text message to the victim D, who is the female her husband C, at the same time below Busan on December 3, 2013, that “I n't have to die at our home. If you are frighted, I am scling off, I am scling off,” thereby threatening the victim.

나. 피고인은 2013. 12. 3. 14:56경 부산 이하 불상지에서 피해자에게 “너거 오빤 내가 매달리며 부탁했지만 조금도 내 말 들어주지 않았다. 너거 엄마 내 오늘 둘 다 죽는다. 알았나”라는 문자메시지를 발송하여 피해자를 협박하였다.

C. On December 6, 2013, at least 20:48, the Defendant sent a text message to the victim, “if the victim gets unfastened, she would be fastened. If she was fastened, she would have to be fastened. If she was the dead fastener of vagabonds, and was fastened on Ssamman of Korea, she would have to be fastened with the money.”

2. On December 10, 2013, the Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) jointly with E and F, a parent of the Defendant, and infringed upon the victim’s residence by entering the victim’s way, even though the victim refused access, in the victim’s residence D located in Young-gu G in Busan Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of injury diagnosis reports and text messages to Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 283(1) of the Criminal Act, Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, the selection of fines for negligence, etc.

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. As to the defendant's and his defense counsel's assertion of the facts charged of this case, the house indicated in the judgment is the defendant.

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