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(영문) 대전지방법원 논산지원 2019.09.03 2019고단322

가정폭력범죄의처벌등에관한특례법위반

Text

A defendant shall be punished by imprisonment for four months.

One (No. 1) seized net value shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to one year of suspension of execution on June 18, 2019 to six months of imprisonment with prison labor for special injury, etc. in the Daejeon District Court Branch of the Daejeon District Court, and the sentence becomes final and conclusive on June 26, 2019 and is still under suspension of execution.

【Criminal Facts】

On May 31, 2019, the Defendant immediately removed from the room where he was residing or occupied by the victim B (n, 63 years of age), entered the residence of the victim until December 2, 2019, and does not have access within 100 meters from the victim’s residence and place of work, and issued a victim’s protective order with the content of “not transmitting symbols, words, sound, or images by wire, wireless, light, or other electronic means to the address of the victim’s handphone or e-mail,” and implemented the above order. However, on July 27, 2019, the Defendant sought clothes from the victim’s residence located in Chungcheongnam-gun District Court C around 22:05 on the ground that the victim did not open the door, and opened the door to the residence of the victim, and took the victim’s door to his residence by taking advantage of the victim’s hand and door.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each report on investigation;

1. Previouss before and after judgments: Criminal records, inquiry reports (applicable to suspect-related decisions and other similar judgments of convictions) and other Acts and subordinate statutes;

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence 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 concerning Crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Criminal Act: The facts that the crime was committed during the period of suspension of execution, accompanied by visit loss, etc., which are favorable to the fact that the nature of the crime is bad in light of the method and risk of the crime: The fact that the crime appears to be against the defendant, and that B is against the defendant.