(영문) 창원지방법원 마산지원 2018.12.14 2018고정171

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(영문) 창원지방법원 마산지원 2018.12.14 2018고정171

폭력행위등처벌에관한법률위반(공동협박)등

Text

Defendant

A shall be punished by a fine of 2 million won, and by a fine of 1.5 million won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendants are simple couple, and Defendant B and Victim F are in a de facto marital relationship in the past.

1. Defendant A

A. On January 14, 2018, the Defendant: (a) made a false statement to the victim’s residence in Daegu Dong-gu, Daegu-gu, stating that “the victim was aware of the fact that he was found to be the victim’s residence; and (b) made the victim’s entry into the victim’s living room; and (c) subsequently, the victim, who became aware of the fact that he was the victim’s wife in the above B, requested the victim to leave the house, but rejected the request.

Accordingly, the defendant did not comply with the demand of the victim to leave his residence.

B. The Defendant received a demand from the injured person at the same time and place as that set forth in the preceding paragraph of the assault, and took a bath, and assaulted the victim’s breath by breath by breathing the breath.

2. Defendant B had the victim’s residence at the same date, time, and place as set forth in paragraph (1), and had the victim’s consent, without obtaining the victim’s consent, operated the entrance door gate which he had previously possessed, and invaded the victim’s residence by entering the door after a year.

3. The Defendants jointly committed the crime refers to the victim who is demanded to leave from the victim at the same time and place as Paragraph 1, and who is demanded to leave from the victim outside the house, and the victim was threatened, as the victim would be at the time and place.

Summary of Evidence

1. Legal statement of F;

1. Statement made by the police with regard to F;

1. Each investigation report [The victim's statement in an investigative agency and court conforms to the facts charged and can be consistently and sufficiently reliable as it is consistent with the facts charged, thereby recognizing the guilty of the facts charged in this case].

Application of Statutes

1. Article 319(2) and (1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 2 of the Punishment of Violences, etc. Act.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조

-형법 제260조 제1항

-형법 제319조 제2항

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