beta
(영문) 수원지방법원 2020.08.19 2020고단1793

가정폭력범죄의처벌등에관한특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[200 Highest 1793]

1. On December 10, 2019, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence was issued a victim protective order with the purport that he/she will immediately leave the dwelling or possession of the victim B (in female, 46 years of age) who is the spouse of the Defendant from the Suwon Family Court to June 9, 2020 and will not enter the residence of the victim.

Nevertheless, around 10:00 on March 2, 2020, the Defendant entered the Suwon-si flood area C and D, which is a residence of the victim, and failed to comply with the victim protection order.

2. Around 10:00 on March 2, 2020, the Defendant assaulted the Defendant at the same place as indicated in the foregoing paragraph 1, and on the ground that the Defendant sent text messages to the Defendant stating that “the victim would not have access to the child,” the Defendant sent the text messages to the Defendant.

On December 10, 2019, the Defendant was issued a victim protective order with the content that he/she would immediately leave the room where he/she is living or occupying the victim B (n, 46 years of age) who is the spouse of the Defendant from the Suwon Family Court until June 9, 2020, and that he/she would not enter the victim's residence.

Nevertheless, around 16:00 on March 18, 2020, the Defendant entered the flood zone C and D inside the victim's residence of the victim and failed to comply with the victim protection order.

Summary of Evidence

[200 Highest 1793]

1. Defendant's legal statement;

1. Legal statement of the witness B;

1. Reporting on occurrence of a crime of domestic violence (violation of special cases concerning the punishment of crimes of domestic violence);

1. A copy of a victim protection order;

1. 112 Reporting Table " 2020 Highest 2372";

1. Defendant's legal statement;

1. Legal statement of the witness B;

1. Reporting on occurrence of a crime of domestic violence (violation of special cases concerning the Punishment of Crimes of Domestic Violence);

1. Application of statutes governing victim protective order decisions and copies thereof, and statutes governing 112 reported cases;

1. Relevant Article and Articles 63 (1) 2 and 55-2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence, Article 260 (1) of the Criminal Act and imprisonment with prison labor, respectively;