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(영문) 인천지방법원 2018.02.01 2017고단8402
상습협박등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is the husband and wife relationship with the victim C (math, 47 years of age), and the victim's external rating is doubtfully doubtfully and frequently abused the victim, and the victim suffers conflict with the victim. From March 2017, the Defendant was living separately with the victim from the victim.

On June 27, 2017, the Defendant received a victim protective order from the Incheon Family Court stating that “no access within 100 meters from the victim’s residence and workplace until December 26, 2017, and no access is made to the victim’s handphone or e-mail address by wire, wireless, light, and other electronic methods, to transmit marks, text, sound, or images by wire, wireless, or optical, or other electronic methods.”

On September 23, 2017, the Defendant: (a) around 08:28 on September 23, 2017, on the ground that an injured person was avoiding contact with the Defendant at the Defendant’s residence located in Seo-gu Incheon Metropolitan City D apartment, A. 205 on the ground that he/she was unable to contact

C.B. - sent text messages stating “I do not create any one.”

Dispatching text messages over 32 times in total, as shown in the list of offenses, between the above day and October 2, 2017, including intimidation of the injured person.

At the same time, victims were threatened habitually and violated the above victim protection order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Character messages, photographs, and reports on each investigation;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime has been repeated several times over a given period;

1. Article 285, Article 283 (1) of the Criminal Act (a point of habitual intimidation) concerning the crime, Article 63 (1) 2, and Article 55-2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (a point of violation of a victim protective order);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant has reasons for sentencing under Article 62-2 of the Criminal Act to observe the protection and observe.

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