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(영문) 광주지방법원 2019.01.16 2018고단4049
협박등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 4, 2018, the Defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court on the grounds of property damage, etc., and the judgment was finalized on September 4, 2018.

The defendant and the victim B(the age of 50) were married couple, and they were divorced by the Gwangju Family Court on June 4, 2018.

1. On April 2, 2018, the Defendant threatened the victim as if he would cause any harm by stating that the Defendant would be “I will not absolutely leave the head of Ghana,” from the front day of the Gwangju Seo-gu Standing Family Court located in Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju, about April 2, 2018.”

2. The Defendant, on June 14, 2018 (violation of Special Act on the Punishment, etc. of Intimidation and Crimes of Domestic Violence) is obligated to comply with a victim protection order (No. 2018C. 3) issued by the Gwangju Family Court on April 2, 2018, and is obliged not to transmit codes, language, sound, or images to the victim’s cell phone or e-mail address within 100 meters from the victim’s residence or workplace and the victim’s cell phone or e-mail address until July 1, 2018.

Nevertheless, between June 14, 2018 and 18:59-21:48, the Defendant sent three F text messages to the victim’s cell phone using the Defendant’s mobile phone, including “B well-living”, “brupted urine,” “E easily damaged”, and “The Defendant and the victim,” respectively.

As a result, the defendant's court violated the victim protective order at the same time, and sent the F.O.S. text messages that seem to cause any harm to the victim, thereby threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written decision on a victim protection order;

1. Each photograph;

1. Investigation report (Attachment to the suspect's cell phone contents stored in the victim's cell phone);

1. Previous convictions in judgment: criminal records and references;

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