beta
(영문) 수원지방법원 안산지원 2021.03.11 2021고단52

가정폭력범죄의처벌등에관한특례법위반등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On March 23, 2020, the Defendant divorced from the victim B (V, 38 years old), and resided separately with the victim from the victim around that time.

On November 2, 2020, the Defendant issued an order to prohibit access within 100 meters from the victim’s residence “Masan-si C and D” until the victim’s victim protection order is determined.

“Ad hoc protection order was issued.”

Nevertheless, around November 16, 2020, the Defendant violated the temporary protection order on a total of five occasions from around 19:47 to around December 19, 2020, such as the list of crimes in the attached list of crimes, from around November 16, 2020, when the victim entered the said place of residence, and infringed upon the victim’s residence as described in the attached list 1 and 3 to 5.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Each statement;

1. Application of Acts and subordinate statutes to on-site photographs, copies of a provisional protective order, investigation reports (verification of the progress of a request for a victim protective order), and investigation reports (to hear statements of victims);

1. Article 63 (1) 2 and Article 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (a violation of an ad hoc protection order) concerning the crime and Article 319 (1) of the Criminal Act (a violation of an ad hoc protection order);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Although there is a need for strict punishment in light of the purpose of the protection order system for the protection of victims with reasons for sentencing under Article 62(1) of the Criminal Act and the frequency of the instant violations, the punishment as ordered is determined by comprehensively taking into account the favorable circumstances, such as the fact that the victim has agreed with the victim and that the defendant has no criminal record exceeding the fine, and other favorable circumstances, such as the defendant’s age, sex, criminal conduct, environment, motive, means and consequence of the crime, and all the conditions of punishment specified in the arguments

Rejection of Public Prosecution

1. Summary of the facts charged

A. 1) The Defendant is the victim on November 16, 2020 around 19:47.