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(영문) 대구지방법원 2016.05.26 2016고단897
가정폭력범죄의처벌등에관한특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On November 20, 2015, the Defendant was issued a victim protective order “the prohibition of access within 100 meters from the victim’s residence, workplace, etc. until May 19, 2016” by means of a wire, wireless, optical, sound, or other electronic method to the victim’s Handphone, etc. or e-mail address until May 19, 2016.

1. On December 6, 2015, from around 21:54 to 23:12 on the same day, the Defendant failed to comply with the above victim protection order, such as: (a) calls from the Defendant’s mobile phone in the D factory located in Yongcheon-si; (b) sending the victim’s mobile phone on 12 occasions; and (c) sending the word “nicks”.

2. On December 14, 2015, around 19:00, the Defendant entered a “F” restaurant located in Sinsan-si, the victim’s workplace, and violated the above victim protection order.

3. On December 28, 2015, the Defendant entered a restaurant of “F” at the victim’s workplace, and violated the above victim protection order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the statutes governing the protection order for victims;

1. Article 63 (1) 2 and Article 55-2 (1) 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (a violation of an order to prohibit access to residence, workplace, etc.) against a crime under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and Article 63 (1) 2 and Article 55-2 (1) 3 (a violation of an order to prohibit access using telecommunications) of the Act on Special Cases concerning the Punishment, etc. of 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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant was ordered by the court to prohibit access to the victim, the illegality of the act, such as violating three times the order, is not weak. However, it is agreed with the victim, the defendant's age, occupation, family relationship, and the victim.

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