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(영문) 대구지방법원 상주지원 2016.11.15 2016고정132

가정폭력범죄의처벌등에관한특례법위반

Text

Defendant shall be punished by a fine of 300,000 won.

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 father and wife relationship B.

On July 25, 2016, the Defendant, as a domestic violence offender, was ordered to leave the victim B’s residence from the Daegu Family Court Residential Support to the victim “1.” and not enter the victim’s residence until this Court Decision 2016C5 of this Court. 2. An order was issued to the offender on July 25, 2016 to prohibit access within 100 meters from the victim B’s “Seo-si,” until this Court Decision 2016C5 of this Court. 3. An order was issued to the offender to not transmit codes, language, sound, or images by wire, wireless, optical lines, or other electronic methods to the victim’s Handphone or e-mail address until this Court Decision 2016C.

Nevertheless, around 10:00 on August 9, 2016, the defendant entered C, which is the residence of B, entered in the above provisional protection order.

On the 11th day of the same month, the defendant sent text messages to B using his mobile phone at around 07:15.

Accordingly, the defendant violated the provisional protection order of the court.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 63(1)2 and 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and Selection of Punishment, etc. of Crimes of Domestic Violence (including the fact that the defendant both recognizes and reflects the crime, and that the victim requests the defendant to assist in the entry of residence prior to the crime of this case, etc.)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;