가정폭력범죄의처벌등에관한특례법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 11, 2013, the Defendant was issued a victim protection order, from the Daegu Family Court on July 15, 2013 to January 14, 201, with the victim’s residence, workplace, etc., and with the victim’s prohibition of access within 100 meters from the victim’s dwelling, workplace, etc. and of prohibition of access using telecommunications.
1. Nevertheless, the Defendant, on November 6, 2013, using his/her mobile phone on the victim’s mobile phone, sent a text message stating “I will see our he/sheed, but will see the gene test. C sent a text message stating “I will see only two hairs,” and then failed to implement the above victim protection order by sending the text message to the victim’s mobile phone on five occasions from November 18, 2013 until November 18, 2013. < Amended by Presidential Decree No. 23578, Nov. 18, 2013; Presidential Decree No. 2504, Nov. 18, 2013; Presidential Decree No. 25020, Nov. 1, 2013>
2. On November 19, 2013, the Defendant found the “E clothes shop” located in Daegu-gu, Daegu-gu, where the victim’s workplace was the victim, and resisted that the victim was subject to a fine under the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence, and did not comply with the victim protection order.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of Acts and subordinate statutes to report internal investigation (a mobile phone text message sent by a suspected victim to the victim), investigation report (ad hoc text message No. 3 in the table of crimes) to the victim;
1. Article 63 (1) 2 of the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence and Articles 55-2 of the same Act concerning the Punishment, etc. of 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. Article 62 (1) of the Criminal Act;