beta
(영문) 대전지방법원 공주지원 2019.07.16 2019고정4

가정폭력범죄의처벌등에관한특례법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the mother of the victim B.

Notwithstanding that the Defendant was ordered from the official branch of the Daejeon Family Court on May 28, 2018 to the official branch of the Daejeon Family Court within 100 meters from May 28, 2018 to November 27, 2018 to not approach the victim’s residence or workplace within 100 meters from the victim’s workplace, the Defendant did not comply with the victim protection order after finding the victim’s workplace E at D University around November 15:40, 2018.

Summary of Evidence

1. Legal statement of the witness B;

1. Investigation report (on-site conditions at the same time);

1. A copy of the direction for execution and decision;

1. On-site photographs (the defendant and his defense counsel asserted to the effect that the crime is not established because they were found at the victim's workplace at the victim's request. However, according to the aforementioned evidence, the defendant can find facts regardless of the victim's request, and thus, the above argument is rejected) and the law is applied.

1. Relevant Article 63 (1) 2 and Article 55-2 (1) 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and Selection of Fines concerning Crimes of Domestic Violence;

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;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;