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(영문) 대전지방법원 천안지원 2019.02.20 2018고단2863

재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant and the Victim B (V, 50 years old) were legally married, but the Defendant and the Victim B (V, 50 years old) were the married couple, due to the continuous assault and exploitation of the Defendant, the victim brought a divorce lawsuit around October 14, 2017 and brought a divorce lawsuit around November 14, 2018.

around April 30, 2018 and July 10, 2018, the Defendant extended the quarantine and the prohibition of access by July 10, 2018 from the Daejeon District Court’s astronomical Branch by no later than May 10, 2018.

Each decision was rendered to extend a victim protective order, stating that “The isolation by July 10, 2018 (e.g., isolation) and the prohibition of access shall be extended by September 10, 2018.”

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence, intrusion upon residence, or intimidation on July 10, 2018;

A. At around 08:55 on July 10, 2018, the Defendant: (a) found the victim before the victim’s house in the Dong-gu, Dong-gu C apartment D, Dong-gu, Seoul; and (b) stated, “Aren’t we have to open the door, and complete the prohibition of access.”

B. At around 13:00 on July 10, 2018, the Defendant: (a) opened a door in a way that the victim was unable to know by using the gap in order to file a request to extend the victim protection order; (b) opened the door to the ward; and intrudes on the victim’s residence; and (c) threatened the victim who was requested to leave from the victim who returned home for one hour after the lapse of 12 hours by stating that “the victim would open the door of the apartment door again and leave the door upon the termination of the access prohibition order.”

Accordingly, the defendant did not comply with the victim protective order more than twice, invaded upon the victim's residence, and threatened the victim.

2. On July 20, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence (hereinafter “Special Cases”) at around 01:00 on July 20, 2018, and found another part of the victim’s house, again again again in the victim’s house, and said, “a person is only a person who has been reported to a moto, reported to a moto, or closed door.”

Accordingly, the defendant did not comply with the victim protective order even after it was issued.

3. Date of July 29, 2018