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(영문) 인천지방법원 2019.08.09 2019고단4408

가정폭력범죄의처벌등에관한특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the victim B (ma, 32 years of age) and female, and the victim C (ma, 60 years of age) and the married couple.

1. On May 2, 2019, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence orders the Incheon Family Court to prohibit access within 100 meters from the victim B’s residence “Seocheon-gu D apartment and E”.

‘A victim protective order was issued with the content of ‘A’.

The Defendant, from around 09:00 on June 1, 2019 to around 12:26 of the same day, entered the residence of the victim B in Incheon Jung-gu, Incheon, without the victim’s permission, and was notified by the victim and the police officer dispatched of the fact that the above victim protective order was issued, but did not comply with the court’s request to leave the victim, such as refusing to comply with the victim protective order.

B. Around 09:00 on June 24, 2019, the Defendant entered the victim B’s residence in Jung-gu Incheon Metropolitan City D apartment and E, and did not comply with the court’s victim protection order.

2. The Defendant assaulted the victim on the ground that the victim C, who is the wife of the Defendant, did not prepare necessary documents for the loan at the same time and at the same place as the statement in 1-B, but did not have the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. C’s statement;

1. Application of victim protection orders, on-site photographs, and statutes governing victims;

1. Relevant Article of the relevant Act and Articles 63 (1) 2 and 55-2 (1) 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (non-compliance with a victim protective order), Article 260 (1) of the Criminal Act and the choice of imprisonment with prison labor;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shows the appearance that the defendant led to the confession of the crime and reflects the mistake.

When the victim protection order dated June 24, 2019 is not complied with.