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(영문) 인천지방법원 2020.08.12 2020고단4036
협박등
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

The defendant is a domestic violence offender who is under a provisional protective order to prohibit access within 100 meters from the Incheon Bupyeong-gu D Apartment E, which was living together with the victims and not transmit marks, language, sound, etc. from the victim's cell phone, etc. on June 3, 2019 by the victim C (n, 49 years of age, female, 26 years of age) to his/her father.

Although the Defendant received a provisional protective order as above, on September 4, 2019, the Defendant did not implement a provisional protective order by accessing the residence of the victims or transmitting letters to the victims by telephone, text, or Kakakao x, as shown in the separate crime list from around that time to September 8, 2019, as well as by approaching the residence of the victims or by transmitting letters to the victims by telephone, text, or Kakao xo.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as the handling table of 112 reported cases, copy of an ad hoc protection order, and details of transmission of text messages to B and C by each police officer;

1. Relevant Article of the relevant Act and Articles 63 (1) 2 and 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and the Selection of Imprisonment with labor;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant, on February 2, 2019, injured the victim B and received a summary order of a fine of two million won, which became final and conclusive on June 28, 2019, the defendant appears not to contact the victims, the fact that the defendant recognized the crime, the victims expressed their intention that they are not subject to punishment until the court, and the sentencing conditions under Article 51 of the Criminal Act, shall be determined as the same as the order, in consideration of the circumstances and the sentencing conditions under Article 51 of the Criminal Act.

Public Prosecution Rejection Parts

1. On September 4, 2019, the Defendant found the above victims’ residence at around 19:05, and the victims’ home.

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