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(영문) 울산지방법원 2017.03.16 2016고단4259

가정폭력범죄의처벌등에관한특례법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the child of the victim C (V, 82 years of age).

【2016 Highest 4259】 On September 21, 2016, the Defendant was issued a victim protective order with the content that “The Defendant shall immediately leave the victim’s residence or possession room, and shall not enter the victim’s residence until March 20, 2017, shall not exceed 100 meters in the victim’s residence, etc. until March 20, 2017, and shall not have access to the victim’s residence, etc. within 100 meters until March 20, 2017, and shall not have access to the victim’s Handphone, office phone, or e-mail address by wire, wireless, optical, or other electronic means.”

Nevertheless, the Defendant, on November 22, 2016, opened a entrance that was not corrected in the residence of the victim located in Ulsan-gu around 15:00, and entered the entrance and violated the above victim protection order.

【2016 Highest 4359】 On September 21, 2016, the Defendant was issued a victim protective order with the content that “The Defendant shall immediately leave the victim’s residence or possession room, and shall not enter the victim’s residence until March 20, 2017, shall not exceed 100 meters in the victim’s residence, etc. until March 20, 2017, and shall not send marks, phrases, sound, or images to the victim’s Handphone, office telephone, or e-mail address by wire, wire, optical cable, or other electronic method until March 20, 2017.”

Nevertheless, on December 1, 2016, the Defendant posted a phone to the victim’s cell phone using public telephones at the entrance of the barrack market located in Ulsan-gu around 18:00 on December 1, 2016, and opened a entrance at around 18:30 on the same day to the victim’s residence and entered the entrance, thereby violating the above victim protection order.

【2016 Highest 4649】 The Defendant is her natives of the Victim C (Min, 82 years of age).

On September 21, 2016, the Defendant, at the Ulsan District Court, immediately evacuates from the room where the victim resides or occupies, and enters the residence of the victim until March 20, 2017.