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(영문) 부산지방법원 2013.12.11 2013고단4368

상해등

Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant married around July 2012 and divorced on January 24, 2013.

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence (hereinafter “Defendant”) orders the offender (Defendant) at the Busan District Court on March 25, 2013 to prohibit access within 100 meters from the victim C’s residence (No. 5 Dong-gu, Busan High School No. 407) and the workplace (No. 407) by May 24, 2013.

2. By May 24, 2013, an order shall be issued to the offender (the accused) not to transmit codes, phrases, sound, or images by wire, wireless, optical, optical, and other electronic means, by means of a Handphone of the victim;

‘Ad hoc measures' have been decided.

Nevertheless, at around 07:57 on April 21, 2013, the Defendant sent to the cell phone of the said victim the phrase “Isn't need for growth,” “Isn't have to do so.” On the same day, at around 20:40 on the same day, the Defendant started to find it in the parking lot for the apartment building in Busan E-gu, Busan.

Accordingly, the defendant did not implement the protective disposition after it became final and conclusive.

2. On April 21, 2013, at around 20:40, the injured Defendant opened a driver’s seat of the victim’s car at the Busan Seo-gu apartment commercial building E-gu, Busan, and opened the back seat of the victim, stating that the victim “I are seated,” and made it difficult for the victim to sustain the victim by hand, and continued to have the victim “I am dead,” and opened the door and opened the door by scambling the victim’s head and scam, etc., and put the victim on the part of the victim for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Police suspect interrogation protocol of the accused;

1. A report on investigation;

1. Determination to take ad hoc measures;

1. A medical certificate;

1. Application of text messages to Acts and subordinate statutes;

1. Article 63(1)1 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and the Selection of Punishment, etc. of Crimes of Domestic Violence shall not be implemented.