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(영문) 서울서부지방법원 2018.09.12 2018고단1968

폭행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence was married with the victim D (V, 63 years of age) on September 2009, while maintaining de facto marriage after being divorced from around April 2013 to maintaining de facto marriage. On June 8, 2018, the Seoul Family Court issued an ad hoc protective order that “I will not enter the victim’s residence in Eunpyeong-gu Seoul by the time the victim’s protective order is determined, and if I will order access within 100 meters from the victim’s residence, I will live in the relative house near the victim’s neighborhood soup or Jeonnam-do.”

On June 24, 2018, the Defendant: (a) opened a door in front of the victim’s house; and (b) violated the temporary protection order by entering the victim’s house.

2. On June 24, 2018, at around 23:00, the Defendant injured the victim’s face at several times due to drinking, walking the victim’s mouth, walking the victim’s chest due to an outbreak, and drinking the victim’s chest, thereby making the victim not aware of the number of days of treatment. In short, the Defendant injured the victim, at around 23:00, at around 1, 2018, he saw the victim’s face as a matter of debt repayment with D and D, and, at the same time, took care of the victim’s chest.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes on a written decision for temporary protection order;

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and Articles 63(1)2 and 55-4 (a) of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence concerning the Crime, Article 257(1) of the Criminal Act (a point of harm) and the selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for each of the above crimes is aggregated) is aggravated for concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation: The defendant repeatedly commits the crime of domestic violence against the victim: The recognition of and reflects the crime of this case, and the victim expresses his intention not to punish the defendant.