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(영문) 대전지방법원 서산지원 2016.09.30 2016고정53

가정폭력범죄의처벌등에관한특례법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On December 28, 2015, the Defendant was issued a victim protective order from Seosan Branch of the Daejeon District Court to June 27, 2016, with the content of the victim C’s residence, not more than 100 access from the workplace, and not more than access by telecommunication.

Nevertheless, at around 08:45 on December 29, 2015, the Defendant discovered that the victim passed around 83 meters away from the victim's house located in Jin-si, Jin-si, at around 08:45, the victim went to the victim and did not comply with the above victim protection order, such as whether the victim escaped from the victim's house in E, the neighbor, and driving away from the above house.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Statement made by the police against C;

1. On-site photographs, internal investigation reports (the application of an order for prohibition of access within 100 meters to a transaction), the application of field photographs related to the case, and victim protection order statutes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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