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(영문) 대구지방법원 서부지원 2014.09.17 2014고정682

가정폭력범죄의처벌등에관한특례법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 20, 2013, the Defendant was determined by the Daegu Family Court on January 28, 2014 that, from around that time to July 27, 2014, the victim B (V, 54 years of age) was under a protective disposition with a content of prohibiting access within 100 meters from the victim’s residence.

Nevertheless, the Defendant, at around 06:50 on May 25, 2014, posted the front door at the victim’s residence located in Seo-gu C 302, Seo-gu, Daegu, Daegu, and even when the police officer who reported the victim and dispatched the victim returned home, the Defendant did not comply with the above protective disposition on two occasions, such as finding the victim’s residence again around 07:29 on the same day, opening the door door of the victim’s residence and opening the house door of the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of statutes on protective disposition;

1. Relevant Articles 63 (1) 1 and 40 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and the Selection of fines for the 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;