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(영문) 대구지방법원 2018.09.06 2018고단2735

가정폭력범죄의처벌등에관한특례법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on February 8, 2018, ordered “1. The Defendant to order the victim’s residence and place of work within 100 meters.”

2. Ad hoc protection order was issued to an accused person by ordering him/her not to transmit codes, text, sound, or images by wire, wireless, optical, and other electronic means to the victim’s Handphones, residential telephone, workplace telephone, or other e-mail address.

Nevertheless, on June 10, 2018, at around 20:28, the Defendant sent a text message with the victim’s Kakao Stockholm using the victim’s Handphone to the victim’s Handphone at around 20:28, and violated an ad hoc protection order by transmitting the text message over 18 times in total from the same day to 23:28 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint filed in D;

1. Application of statutes on the issuance of a copy of the decision to amend an ad hoc protection order, and the Kakao Stockholm text content

1. Article 63 (1) 2 and Article 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence ( collectively referring to the selection of fines) concerning the crimes of domestic violence;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order are as follows: (a) considering all of the factors of sentencing as shown in the records and arguments of this case, such as the age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered.

Unfavorable circumstances: A crime was committed in the course of trial on the ground that the same order for temporary protection was violated.

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

In this case, the defendant was given and received messages as a problem of the former spouse and children in the course of the interview and negotiation of children.