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(영문) 대구지방법원 서부지원 2020.06.02 2019고정438

가정폭력범죄의처벌등에관한특례법위반

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On January 17, 2020, the Defendant was sentenced to a suspended sentence of three years in imprisonment with prison labor for the injury resulting from confinement at the Daegu District Court, and the judgment became final and conclusive on May 28, 2020.

A victim protective order was issued from the Daegu Family Court to November 1, 2019 that the Defendant was not transmitting an excursion ship to his/her mobile phone, etc. from the foregoing Daegu Family Court as a domestic violence case.

Despite the above victim protective order, the Defendant did not comply with the victim protective order on June 9, 2019, by putting the victim’s cell phone from the Defendant’s residence in Daegu-gu, Daegu-gu, to the victim’s cell phone and making the victim’s main phone mistake.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning B;

3. Previous records of judgment: Criminal records, reply reports, results of inspection and search bound in the records of public trials, and application of two copies of judgment-making Acts and subordinate statutes.

1. Relevant Article of the relevant Act on the Punishment, etc. of Crimes of Domestic Violence and Articles 63 (1) 2 and 55-2 of the Act on the Punishment, etc. of Crimes of Domestic Violence;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

3. Article 39 (1) of the Exempted Criminal Act (Equitable to cases where judgment is to be rendered simultaneously with the crimes entered in the final judgment);