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(영문) 대전지방법원 2014.12.04 2014고정1780
가정폭력범죄의처벌등에관한특례법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant married in around 1975 with the victim C (n, 60 years of age) but divorced around February 2013.

On October 25, 2013, the Defendant was issued a victim protective order with the content that he/she would not approach the victim’s residence and place of work within 100 meters from his/her place of work until April 24, 2014 with respect to the injury case.

Nevertheless, at around November 25, 2013, the Defendant found the “E” at the victim’s workplace located in Daejeon Seo-gu Daejeon, Daejeon, and did not comply with the above victim protection order by having the victim take a bath against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes governing an internment order for victims (2013 wife10 injuries);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant does not have the same criminal record, confession and reflect in depth.

In addition, the defendant seems to have committed the crime of this case by drinking, and is trying to be hospitalized in a hospital to treat alcohol addiction, and the victim does not want the punishment of the defendant.

In this context, considering all the circumstances such as the defendant's age, character and conduct, and circumstances after the crime, the punishment is determined as ordered.

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