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(영문) 광주지방법원 2017.07.07 2017고단1401
협박등
Text

1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant had a relationship with the victim B (V, 54 years of age), but around September 2016, the victim was fluored by the victim from the end of the year, and the victim was fluoring his horses.

1. From September 25, 2016, the Defendant of intimidation: (a) at his own house located in Yongama-gun C before South Yongama-gun on September 25, 2016; (b) on the ground that the victim she she she she she shes with the Defendant, the Defendant received the victim’s husband from the victim’s husband on the ground that he she she

"Along with the fact that the Defendant sent the text message to the Defendant's cell phone to the victim's cell phone, the Defendant sent the victim's text over 78 times in total to the same content as that of the victim's cell phone, thereby threatening the victim's family members such as her husband to know about the relationship between the Defendant and the victim and her husband.

2. On October 17, 2016, around 10:24, the Defendant intrusiond the victim’s residence over six occasions, including the victim’s entry into the front corridor of the said apartment 903 where the victim is living, on the ground that the victim was not living alone, at around 401 Dong-gu Seoul, Nam-gu, Gwangju, Gwangju, about 101.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police victim B, and statement made by the police for E;

1. Contents of text messages;

1. CCTV-cap photographs (related to residence intrusion), the letter to which each victim sent to the victim, a photograph to which the victim was sent, a photograph to which a house-related CCTV-related CCTV is to be cut, and a photograph to which the victim was closed;

1. Application of Acts and subordinate statutes to a investigation report (the change of the date of intrusion upon a house on December 16, 2016, No. 5-201)

1. Relevant provisions of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation) and Article 319(1) of the Criminal Act (the point of intrusion upon residence) and the choice of imprisonment for the crime;

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

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. Protective observation and community service order Article 62-2 of the Criminal Act.

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