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(영문) 대구지방법원 상주지원 2015.10.27 2015고정182
가정폭력범죄의처벌등에관한특례법위반등
Text

Defendant shall be punished by a fine of KRW 80,000.

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

Reasons

Punishment of the crime

1. The Defendant is in a marital relationship with B and C in violation of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence.

On June 30, 2015, the Defendant, as a domestic violence offender, received a provisional protective order that “the offender (the Defendant) shall not transmit codes, text, sound, or images by wire, wireless, optical, or other electronic means using a handphone or e-mail address of the victims until the victim (B, C)’s residence “on a commercial week D,” “on a commercial city E,” and “the offender shall be ordered not to transmit signs, text, sound, or images by wire, wireless, optical, or other electronic means until the victim protective order is determined.”

Nevertheless, the Defendant, at around 12:50 on July 20, 2015, around 15:15 on the same day, and around 15:37 on the same day, had access to a mobile phone sales agency in E, on the ground that he/she was consulted on the repair of the mobile phone owned by the Defendant at least three times.

In addition, at around 18:24, around 18:26, around 18:28, the Defendant posted a phone via C’s mobile phone (I) and residential telephone (H) of the Defendant at around three times.

Accordingly, the defendant violated the provisional protection order of the court.

2. On July 20, 2015, the Defendant interfered with the business of the victim’s mobile phone sales agent at the “F” mobile phone sales agent in E at the time of stay at around 15:15, the Defendant interfered with the business of the victim’s mobile phone sales by force, such as having the customers inside the sales store take the disturbance out by avoiding the disturbance by putting the door two times, cutting the floor up on a hand, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, J, and K;

1. Application of a certified copy of an ad hoc protection order;

1. Violation of Article 63 (1) 2 and Article 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence which is applicable to the relevant criminal facts and the selection of punishment therefor;

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