logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.07.13 2017고단1983
가정폭력범죄의처벌등에관한특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 9, 2016, the defendant reported marriage with the victim C on November 9, 2016, and became to live a separate life due to marital conflict, etc.

On March 3, 2017, at the request of the victim for an ad hoc protection order, the defendant ordered the Daegu Court to prohibit access within 100 meters from the victim's dwelling and workplace.

“Ad hoc protection order is determined and the same month.

9. On March 22, 2017, the Daegu Family Court received a written decision on the above provisional protection order, and violated a provisional protection order ordering the victim to not access within 100 meters from the victim’s workplace by discovering the victim who drinks in the above D and E restaurant on the first floor, around March 22, 2017, despite the existence of the victim’s workplace in Daegu North-gu D and five floors.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An investigation report (a report on temporary confirmation of delivery of a written decision on an ad hoc protection order);

1. A copy of an ad hoc protection order, and the application of marriage-related statutes;

1. Relevant legal provisions concerning criminal facts and Articles 63(1)2 and 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence for the Selection of Punishment, etc. of Crimes of Domestic Violence (except where the nature of the crime is not minor, but the defendant's wrong recognition of the defendant's mistake and subsequently does not repeat the crime against the victim, and the defendant merely approaches the victim to call for the victim's mind; the defendant does not exercise special tangible power; the victim does not exercise special tangible power; the mediation has been smoothly concluded in a divorce case with the victim and submitted an application for punishment with the purport that the victim does not want the punishment of the defendant; and the defendant has no record of punishment exceeding the same criminal record and fine)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow