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(영문) 서울북부지방법원 2019.07.17 2018고단886
협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged of this case, the prosecution against intimidation is dismissed.

Reasons

Punishment of the crime

[Criminal Power] On October 30, 2014, the Defendant was sentenced by the Seoul High Court for three years and six months to the crime of larceny, and completed the execution of the sentence on September 5, 2017.

【Criminal Facts】

On October 6, 2017, the Defendant was ordered to take ad hoc measures to prohibit access, etc. by assaulting a victim while living together with the victim B (the age of 51).

1. On October 23, 2017, around 00:30 on October 23, 2017, the Defendant: (a) opened a bend window and entered the house into the victim’s house located in Jung-gu, Seoul; and (b) infringed on the victim’s residence.

2. On October 23, 2017, from around 00:30 to 04:00, the injured Defendant found the victim’s residence and took the victim’s “packed”, “packer packer and deceased sacker kack.” The Defendant was unable to have the victim, who was seated on the front floor of the kitchen due to the damage and the kitchen.

Although the Defendant was living together with the victim on the ground that the victim refused to do so, the Defendant got her hand to the right side of the victim who was frighting due to severe fingers while he was frighting the victim's fright, and suffered bodily injury such as tearing the victim's shoulder and head that was pushed into the victim's body. When the victim's fright and head that was pushed into the victim's body, he could not know the number of days of treatment.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by a witness B in each protocol of the second and fifth trial;

1. A criminal investigation report (written decision on a violation of ad hoc measure) and a criminal investigation report (Submission of a victim's photograph);

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (verification of facts during the period of repeated crimes)-related Acts and subordinate statutes;

1. Relevant Article 319(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the period of repeated crimes for reasons of sentencing in the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act.

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