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(영문) 대구지방법원 2019.03.21 2018고단4079
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On May 1, 2018, the Defendant was sentenced to four months of imprisonment with prison labor for special intimidation at the Daegu District Court, and the judgment became final and conclusive on November 24, 2018.

【Criminal Facts】

The defendant is in a marital relationship with the victim B (or both women and 43 years of age).

1. On April 16, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence (hereinafter “Special Cases”), even though he was ordered by the Daegu Family Court to order temporary protection from the victim’s residence, workplace, etc. to prohibit access within 100 meters from the victim’s dwelling, workplace, etc., on April 23, 2018, the Defendant found the victim’s residence in Daegu North-gu C and violated the said provisional protection order by finding the victim’s residence into the house

2. Around April 24, 2018, at around 09:15, the Defendant expressed that he may be detained in a case under trial by intimidation of the victim before the victim was under trial in the residence of the said victim in Daegu Northern-gu, Daegu Northern-gu., the Defendant expressed that “I will die and live in the detention house” to the victim and that “I will live in the knife, fnife, fnife and fnife., I will live in the detention house.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a report on internal investigation (the execution of an ad hoc protective order against a suspected suspect), a decision on an ad hoc protective order;

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and the Selection of Punishment, etc. of Crimes of Domestic Violence and Articles 63 (1) 2 and 55-4 (1) (a violation of an ad hoc protection order), Articles 284 and 283 (1) of the Criminal Act, the selection of imprisonment for each sentence;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant shall be sentenced to the suspended sentence for six months from the imprisonment with prison labor.

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