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(영문) 의정부지방법원 고양지원 2019.08.13 2019고정421

가정폭력범죄의처벌등에관한특례법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

around September 2016, the defendant was divorced from the victim B (V, 43 years of age).

On June 14, 2018, the Defendant was issued a victim’s residence, from ASEAN’s school (** Elementary school) to 100 meters from her own residence until December 13, 2018. By December 13, 2018, the Defendant issued a victim’s cell phone (010-******-*******) or to the e-mail address with the victim’s cell phone (including the victim’s cell phone) by no later than 010-*****) or e-mail address, and issued a victim’s protective order that the Defendant would not transmit codes, language, sound, or images by wire, wireless, light, or other electronic method. On December 4, 2018, the court issued a protective order that “the offender shall not have access until December 13, 2018,” and that “the offender shall not have access until 3.19.201.”

‘A decision was made'.

Nevertheless, on March 20, 2019, the Defendant sent text messages to the victim’s cell phone (010-**************) 18 times at an infertility place from March 20, 2019 to 22:27 on the same day and did not comply with the victim protection order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of statutes to victim protective order, each decision to extend a victim protective order, and each investigation report (to attach photographs of the victim mobile phone text messages);

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