가정폭력범죄의처벌등에관한특례법위반
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.
Punishment of the crime
The defendant and the victim B(the age of 61) are couples who are pending in a divorce lawsuit.
A person subject to a victim protective order issued by the Daegu Family Court around October 11, 2018, stating that “the defendant is ordered to prohibit access within 100 meters from the victim’s workplace until January 10, 2019.”
Nevertheless, at around 22:52 on November 7, 2018, the Defendant got into “D”, a worker of the victim in Daegu-gu Dong-gu, Daegu-gu, and caused disturbance, such as entering into “D” and making drinking as its subject, going back to the stage, and not leaving the country upon request of the victim.
As a domestic violence offender, the defendant did not comply with a victim protective order.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of statutes on victim protective orders;
1. Relevant Article of the relevant Act and Articles 63 (1) 2 and 55-2 (1) 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and Selection of Imprisonment with labor;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order for the reasons of sentencing under Article 62-2 of the Criminal Act and other records, such as Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of various kinds of sentencing as shown in the argument of this case shall be determined as the order.
D. Unfavorable circumstances: even though the defendant received a temporary protective order from access to his/her spouse, the defendant's failure to find the victim's workplace in violation of the order, and the crime's quality is not less than that of the crime in light of the circumstances and contents of the crime.
Defendant was subject to a protective disposition as a home protection case in the past.
The favorable circumstances: The defendant is led to confession and reflect.