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(영문) 춘천지방법원 속초지원 2014.04.16 2014고정45

가정폭력범죄의처벌등에관한특례법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person subject to a protective disposition prohibiting access to the victim’s residence and place of work against the victim’s will during the period from January 28, 2013 to July 27, 2013 due to the crime of causing property damage to the victim’s property, due to the following crimes: (a) the Defendant is a person under the protective disposition prohibiting access to the victim’s residence and place of work against the victim’s will; and (b) the Defendant is a person subject to a protective disposition prohibiting access by posting a telephone or sending a message via a cellular phone or Internet network.

1. On July 8, 2013, the Defendant violated a protective disposition against the victim’s will, such as, on July 8, 2013, 17:29, the Defendant: (a) at a public telephone room in front of a super-high speed terminal of 1418 Choyang-si, Seocho-si; and (b) at a Handphone (D) used by the victim using a public telephone (C), thereby sending a phone to the phone (D).

2. At around 21:02 on the same day, the Defendant violated the decision on a protective disposition prohibiting access by posting a telephone on a Handphone used by the victim using a public telephone (C).

3. Around 21:10 on the same day, the Defendant: (a) found the victim before the E victim’s home, on the ground that the victim did not receive a telephone; (b) took around about 20 minutes of the 20 minutes of the eths of the eth; (c) took the eth, sound, and remains there; and (d) violated the Defendant’s decision of a protect

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Copy of the decision on a protective disposition;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 63 (1) 1 and Article 40 (1) 1 and 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and Selection of Fines for Crimes of Domestic Violence;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;