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(영문) 광주지방법원 2015.05.22 2015고단1351
협박등
Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 13, 2015, the Defendant entered the Gwangju Family Court’s residence of the victim C (n, 45 years of age) who is divorced from the Defendant, and issued a provisional protective order ordering the victim not to transmit a sound, etc. by means of the victim’s handphones, etc., despite the fact that the Defendant was ordered by the Gwangju Family Court to:

1. On April 22, 2015, the Defendant sent a sound to the victim’s handphone to the victim’s Handphone, and did not comply with an ad hoc protection order by sending the sound to the victim’s handphone on April 22, 2015, such as “if the victim does not go to the first floor parking lot after 15 minutes of the victim’s Handphone, the victim died of both her parents, and her parents died of both her parents without going to the first floor parking lot after 15 minutes of the victim’s Handphone.”

2. On the same day when the above C does not move to the parking lot of the first floor of the D building, the Defendant continued to enter the password of the first floor entrance of the D building at around 21:40 on the same day, and entered the D building into the D building, and did not comply with the temporary protection order by opening the door in the C’s residence, such as obtaining the front seal of the 301 suspender of the D building, which is the residence of C, and obtaining the front seal of C, and “a sound, opening the door”.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Photographss of the victim's cell phone conversations after closure;

1. Application of statutes to a provisional protection order and enforcement direction of the Gwangju Family Court case 2015 wife 9

1. Article 63 (1) 2 and Articles 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence, which may apply to the relevant provisions concerning the crimes and the choice of punishment;

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

1. Article 62 (1) of the Criminal Act;

1. Part of rejection of prosecution under Article 62-2 of the Probation Criminal Act;

1. On April 22, 2015, the summary of the facts charged by the Defendant, at around 20:45, calls using the Defendant’s Handphones to the Defendant’s Handphones.

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