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(영문) 대구지방법원 2017.01.25 2016고정2573
가정폭력범죄의처벌등에관한특례법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 28, 2016, the Defendant was issued a victim protective order with a content of not transmitting codes, language, sound, or image via wire, wireless, optical, or other electronic means at the Daegu Family Court via wired, wireless, optical, or other electronic means at the victim B’s handphone, office telephone, workplace telephone, or other or e-mail address.

1. On October 28, 2016, the Defendant called the victim’s mobile phone at his own house located in Daegu-gu, Daegu-gu, using his mobile phone, but refused to receive it, the Defendant left six-time voice messages with the following contents: “I have left six-time voice messages: “I have left the victim’s mobile phone before the court of today’s Republic of Korea in front of his birth, and removed the pictures containing his inner organ, but I have no way to infringe on his privacy.”

2. On the 29th of the same month, the Defendant left the victim’s voice messages twice in the above manner.

Accordingly, the defendant sent the text to the victim by electronic means and violated the victim protection order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Reports on internal investigation (in relation to attachment of a victim protection order, etc.) and reports on internal investigation (the confirmation of the period of an ad hoc protection order);

1. Investigation report (the CD analysis of the victim's submission), investigation report (the photographic picture of a voice letter left in the victim's cell phone);

1. Application of investigation reports (the confirmation of the case in B relating to the decision to protect the victim), investigation reports (the termination date of an ad hoc protective order - until the decision to protect the victim), investigation reports (the details of complaints against the victim protective order issued by the suspect), investigation reports (the confirmation of the place of other criminal acts

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;

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