가정폭력범죄의처벌등에관한특례법위반등
Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On January 29, 2014, the defendant married with C on November 21, 2015, but the defendant was finally determined in the divorce judgment on November 21, 2015, and the victim D was children of C and children of C.
1. Violation of the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence;
A. On October 5, 2015, the Defendant, as a domestic violence offender, was issued a victim protective order stating that “by December 31, 2015, the offender shall not have access within 100 meters from the victim’s residence and place of work” and “by December 31, 2015, the Defendant was ordered not to transmit codes, language, sound, or images by wire, wireless, optical, or other electronic means using the victim’s handphone or e-mail address until December 31, 2015.” On December 29, 2015, the same court issued a decision to extend the above victim protective order by December 29, 2016.
Nevertheless, at around 17:29 on January 19, 2016, the Defendant posted a phone from “F cafeteria” located in E, using a mobile phone (G) owned by him/her, and at around 17:49 and around 18:07 on the same day, the Defendant posted a phone twice via a general telephone (H) in the above cafeteria.
B. On February 25, 2016, the Defendant was issued a decision to extend the protective order as stated in the above paragraph (a) from the resident stay support of the Daegu Family Court to May 31, 2016, but it was difficult for the Defendant to avoid disturbance before the “J” mobile phone sales store located in I at the time of resident stay at around 15:55 and 19:10 on the same day.
Accordingly, the defendant violated the court's victim protection order.
2. The Defendant, on June 2, 2016, went to the “J” mobile phone sales store of the victim I located at the time of stay on June 2, 2016, and did not comply with the request from the victim to leave on several occasions.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning D;
1. Application of Acts and subordinate statutes to a complaint, a report on investigation (the No. 12 through 14, 22, 33 of the evidence list);
1. Criminal facts;