가정폭력범죄의처벌등에관한특례법위반
The punishment of the accused shall be four months by imprisonment.
Punishment of the crime
On April 3, 2015, the Defendant was sentenced to the suspension of execution for six months of imprisonment with prison labor on April 3, 2015 and is currently under the suspension of execution.
The Defendant married with C around June 2008, and divorced by agreement around August 2010, and followed the traffic.
On November 21, 2016, the Defendant ordered “the offender (Defendant)” from the Daejeon District Court Branch of the Daejeon District Court to prohibit access within 100 meters from “Asan-si D, Asan-si,” the residence of the victim (C) until May 20, 2017.
While receiving a victim protection order such as “,” it was found at C’s residence around November 29, 2016, and sought to open a stamper, i.e., by opening a door ampack,” the above victim protection order was not implemented more than four times in total from November 29, 2016 to December 2, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to C;
1. Victim protection orders;
1. Each on-site photograph and related photograph;
1. Each report on internal investigation:
1. References to inquiries, such as criminal history, and application of statutes on investigation reports (Attachment to judgment during the period of suspension of execution);
1. The relevant Article 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 and the Selection of Imprisonment, respectively, Articles 63 (1) 2 and 55-2 (1) 2 of the Act on Special Cases concerning the Punishment, etc.
1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the form, degree, and frequency of the instant crime, the crime during the period of suspended execution, the victim's intent to punish, the criminal record of the defendant's criminal punishment, the defendant's recognition and reflects on the crime, and other circumstances shown in the instant trial, including the defendant's age, sexual conduct, environment, circumstances after the crime, circumstances after the crime, and relation with the victim, etc., shall be determined as ordered by the disposition.