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(영문) 서울중앙지방법원 2014.10.22 2014고단6254
협박등
Text

A defendant shall be punished by imprisonment for four 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

On April 17, 1991, the defendant, who was married with the victim D on April 17, 1991, is currently in a divorce lawsuit as a person who is legally in a marital relationship with the victim E (the victim E (the age of 22).

1. On April 12, 2014, at around 23:40 on April 12, 2014, the Defendant: (a) brought a disturbance and bath to the Defendant in Seocho-gu Seoul Seocho-gu, on the ground that he did not open a door under the influence of alcohol in front of the Defendant’s dwelling entrance; (b) went to the house with a window where he gets on the gas pipe.

Therefore, under the influence of alcohol, the Defendant, without the visit of the victim E, locked and concealed the victim’s visit in the house, entered the room by leaving the victim’s visit, and followed the victim’s “whether or not the victim has become aware of the door,” and tried to see the victim’s face, and threatened the victim by continuing to see the victim’s face.

2. Around 00:40 on April 13, 2014, the Defendant, as described in paragraph 1. in front of the front door of the above Defendant’s office, threatened the victim who returned to Korea after being contacted with his/her his/her his/her wife, she took a bath to the victim D, who returned to Korea after being contacted with his/her wife, and she boomed the victim by using the strings, and booming the victim’s chest part on his/her hand, and assaulted the victim by taking the victim’s chest back one time with his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each of the Acts and subordinate statutes on witness E and D's statutory statements;

1. Article 260 (1) of the Criminal Act and Article 283 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62(1) of the Criminal Act provides that if the extent of intimidation is minor in the area of mitigation (one to eight months) of Part I (General Intimidation) of the Act on the Suspension of Execution of Punishment, Article 62(1) of the Criminal Act, Article 62(1) of the Act on the Suspension of Execution of Sentence II of the crime [the scope of Recommendation] shall be mitigated (one to one month) of Part I (General Violence) of the Act on the Suspension of Execution of Punishment of Violence (Special Contributors) (Article 62(1) of the Criminal Act

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