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(영문) 광주지방법원 순천지원 2019.11.29 2019고단1622

가정폭력범죄의처벌등에관한특례법위반등

Text

A defendant shall be punished by imprisonment with prison labor for not more than four months and by a fine not exceeding six million won.

If the defendant does not pay the above fine,

Reasons

Punishment of the crime

On December 20, 2018, the Defendant was issued a victim protective order with the content of “not later than June 19, 2019, not more than 100 meters of access from the victim B’s residence and children C/D schools, and private teaching institutes” from the Gwangju Family Court’s Net Branch of the Gwangju Family Court.

Nevertheless, around 16:45 on April 15, 2019, the Defendant found the F Middle School, a school of the foregoing D, F.D., in the Mineyang-si, E, and the Defendant did not talk with the above D, who was walking ahead of the school.

In addition, the victim protection order was violated, such as the one's phrase.

The Defendant, around February 2018, assaulted his spouse B who is the victim, and was subject to a protective disposition, which is a restriction on access to B and his/her children, from January 2, 2019 to June 19, 2019, by assaulting the victim’s spouse B on or around February 2018, the Defendant is a domestic violence offender subject to a protective disposition, which is a restriction on access to B and D from January 2, 2019 to June 19.

Nevertheless, on February 17, 2019, the Defendant followed the Victim C’s child on February 17, 2019, and accordingly, found G apartment H in the lightyang-si where the residence is located and entered into the house.

Accordingly, the Defendant did not comply with the limitation on access after the protective disposition became final and conclusive.

On September 6, 2019, at around 00:55, the Defendant driven a motor vehicle with a mash-pon level with approximately 40 meters alcohol concentration of approximately 0.111%, from the J front-way to K, located in the Ganyang-si (I) to the front-way road in K. The Defendant driven a motor vehicle with a light alcohol level of about 40 meters.

Summary of Evidence

"2019 Highest 1622"

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. A written ruling and a victim protection order;

1. CCTV closure 2019,152;

1. Defendant's legal statement;

1. Each statement of B and C;

1. Reference to a criminal investigation report (applicable to a victim protective order decision-making accompanied by a victim protective order);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the circumstantial statement of a drinking driver, the results of crackdown on drinking driving, and the results of crackdown on drinking driving;

1. Relevant Article of the Criminal Act and the punishment, etc. of the crimes of domestic violence selected;