Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant and the victim B(the age of 35) are currently married couple, and they are currently proceeding with divorce procedures.

On January 15, 2020, the Defendant received a provisional protective order, from the Seoul Family Court to the victim’s dwelling and workplace until the victim protective order is determined, with the content of prohibiting access within 100 meters from the victim’s dwelling and workplace and prohibiting access by telecommunications.

Nevertheless, at around 20:06 on March 10, 2020, the Defendant failed to comply with an ad hoc protection order by posting a victim’s cell phone using the Defendant’s cell phone.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. Application of the Seoul Family Court Act and subordinate statutes to a provisional internment order or a mobile phone withdrawal order;

1. Relevant Article of the relevant Act and Articles 63 (1) 2 and 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence concerning the Punishment, etc. of Crimes of Domestic Violence;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the error of the defendant for sentencing under Article 334(1) of the Criminal Procedure Act does not include the defendant’s error in sentencing, the defendant is against the defendant, and the victim does not want punishment, and all of the sentencing conditions including the defendant’s age, environment, means and result of the crime, etc. shall be determined as ordered by considering all of the following factors:

Public Prosecution Rejection Parts

1. Around January 11, 2020, the Defendant: (a) sent the victim B (n, 35 years of age) who was showed in the Gangseo-gu Seoul Metropolitan Government building C; (b) sent the victim B (n, 35 years of age); (c) sent the victim the victim’s words “to display another male who is out of mind and satisfy; and (d) threatened the victim.”

2. Determination

(a) Crimes of non-compliance with an intention (Article 283 (3) of the Criminal Act);

B. After filing the instant indictment, the victim’s withdrawal of the complaint and submission of a written application for not punishing the victim

(c) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);