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(영문) 대전지방법원 2014.04.11 2014고단472

가정폭력범죄의처벌등에관한특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

After the defendant married with the victim C (V, 67 years of age) in 1999, the defendant has been divorced by law in 199, but has continued to be a de facto marital relationship.

On November 30, 2001, the Defendant was sentenced to a fine of 5 million won for a violation of the Punishment of Violences, etc. Act at the Daejeon District Court on November 30, 2001 due to violence against the victim. On December 5, 2003, the Defendant was sentenced to a suspended sentence of 3 months for a violation of the Punishment of Violences, etc. Act (at night and joint injury) by the same court on December 5, 2003. On December 20, 2007, the Defendant was sentenced to a suspended sentence of 3 months for an injury by the same court.

In addition, on May 31, 2012, the Defendant was subject to a family protective disposition by the Daejeon Family Court on the grounds of injury, etc., and on December 24, 2013, the same court received a family protective disposition (such as prohibition of access) by committing a violation of the Punishment of Violence, etc. Act (a collective, deadly weapons, etc.).

1. On December 24, 2013, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence, etc., notified the Daejeon Family Court of a protective disposition that he/she shall not approach the case within 100 meters from the residence of the victim until June 23, 2014, and the above disposition became final and conclusive on January 2, 2014.

Nevertheless, on January 29, 2014, the Defendant did not comply with the above protective disposition by entering the victim's residence in Daejeon East-gu D apartment 111 Dong-dong 1002 at around 19:00.

2. The Defendant, without any particular reason, abused the victim by having the victim take a bath at the time, time, and place as set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Copy of the decision on protective disposition;

1. Application of investigation reports (a confirmation of results of disposition of related cases and a report on confirmation of the fixed date);

1. Article 63 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and Article 260 (1) of the Criminal Act concerning the crime;

1. Article 37 of the Criminal Code among concurrent crimes.