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(영문) 수원지방법원 성남지원 2016.12.01 2016고단1819
협박
Text

A defendant shall be punished by imprisonment for four 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

From January 1, 2016 to February 2, 2016, the Defendant: (a) sent the victim’s cell phone using the Defendant’s cell phone to the victim’s cell phone for the reason that the victim D (a wife, her husband, family members, and relatives, etc.), who is a wife under the law in the French area, demands a divorce between the Defendant and the Defendant; (b) thereby, the Defendant became aware of our talking about the victim’s cell phone by using the Defendant’s cell phone. (c) also has the cell phone images and photographs. (d) stored in the cell phone, not only stored in the cell phone, but also stored in any other place. (b) Na was excessively made. (b) The Defendant was able to return to the Morocco, and even in Morocco, the Internet would be able to keep it clear at Korea. (b) The Defendant’s cell phone may not be lost. (b) sent the victim’s cell phone message that “The former husband may contact with the Defendant.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. A complaint;

1. Each protocol of seizure, each list of seizure, and each photograph of seized articles;

1. Investigation report (the photograph or video recorded in the cell phone of a suspect);

1. Details of text messages;

1. Application of the Act on Storage of Evidence

1. Article 283 (1) of the Criminal Act applicable to the crimes and Article 283 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) is not good for committing a crime in the course of maintaining the status of stay in the Republic of Korea, but it is against the defendant, there is no criminal record, and considering the fact

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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