가정폭력범죄의처벌등에관한특례법위반
A fine of three million won shall be imposed on a crime as set forth in the judgment of the defendant, and a crime as set forth in the judgment of the court shall be punished by imprisonment of four months.
Punishment of the crime
【Criminal Power】 On October 14, 2016, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence at Jeju District Court, and the said judgment became final and conclusive on October 22, 2016.
【The Defendant was issued a provisional protective order on July 26, 2016, stating that he/she shall leave from the Jeju District Court’s dwelling at C, and that he/she shall not enter C’s dwelling until January 25, 2017, and that he/she shall not approach C’s dwelling and workplace within 100 meters from C’s dwelling and workplace. On August 5, 2016, the above court received an ad hoc protective order with the content that he/she shall not approach D’s workplace within 100 meters.
1. On October 17, 2016, around October 23, 2016, the Defendant violated a victim protective order, such as: (a) at the home of the above C located in Jeju E on the grounds that the Defendant applied for the victim protective order; (b) at the home located in C on October 17, 2016; and (c) at the home of C on the grounds that he/she would be locked from the home; and (d) without leaving the house.
2. 2016. 10. 27. 피해자보호명령 및 임시보호명령위반 피고인은 2016. 10. 27. 08:00경부터 09:27경까지 위 C 및 D이 귤 및 콩 수확 작업 중이던 제주시 F 소재 귤밭 및 콩밭 앞에서, C 및 D에게 욕설하면서 소리를 지르는 등 C 및 D의 직장으로부터 100m 이내로 접근하여 피해자보호명령을 위반함과 동시에 임시보호명령을 위반하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement of C;
1. A report on investigation;
1. Report on emergency measures, report on 112 reported cases, and report on emergency measures; and
1. A report on the preparation of a record of telephone recording or investigation, and a record of each record;
1. Each victim protective order or provisional protective order;
1. Other relevant photographs;
1. Previous records: Criminal records, inquiry reports, latest copies of the same kind of power judgment, previous records of disposition and results of confirmation, and application of Acts and subordinate statutes;
1. Article 63(1)2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence concerning the relevant criminal facts;