A person shall be punished by imprisonment with prison labor for not less than three months and by imprisonment for not more than four months for a crime of No. 2 as decided by the court below.

(e).

Punishment of the crime

On April 4, 2018, the Defendant was sentenced to a suspended sentence of two years in August due to a violation of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence at the Seoul Western District Court, etc. on April 4, 2018, and the said judgment was finalized on April 12, 2018.

[2] On November 22, 2005, the Defendant married with the victim C on August 17, 2017, and divorced on August 12, 2017. On December 12, 2017, the Seoul Family Court received a provisional protective order that “At the time when the victim’s protective order is decided, the Defendant leaves or occupies the victim’s residence or possession, and leaves the victim’s residence, and prohibits access within 100 meters from the victim’s residence,” and the Defendant was released from the suspension of the execution of imprisonment as above, and was living in the mother-friendly house, etc. of the Defendant in Mapo-gu Seoul.

1. On April 4, 2018, the Defendant: (a) around 20:00, around the victim’s house, she was able to avoid disturbance by opening a door under the influence of alcohol.

2. On April 23, 2018, around 18:15, the Defendant avoided disturbance by taking the portraits around the victim’s house and cutting the door.

Accordingly, the defendant violated the provisional protection order on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Ad hoc protection order ( Copy), photographs at the time of committing a crime;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (the confirmation report during the period of probation against the suspect), text of judgment, and details of integrated search of cases;

1. Article 63 (1) 2 and Article 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (Selection of Imprisonment with prison labor) concerning the relevant Article of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence;

1. The latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes provided that Article 39(1) of the same Act (only between a crime of violating the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and a crime of violating the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence, which became final and conclusive, has the record of committing violent crimes and having been punished five times or more.