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(영문) 대전지방법원 천안지원 2017.05.18 2016고단1902
가정폭력범죄의처벌등에관한특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On January 22, 2016, the Defendant was sentenced to four months of imprisonment for a crime of obstructing the performance of official duties in the Daejeon District Court’s Incheon District Court’s Support, and completed the execution of the sentence in the Incheon Prison on May 20, 2016.

[2016 Highest 1902] On June 3, 2015, the Defendant was issued a victim protective order with the content of prohibiting access within 100 meters from the victim’s residence and prohibiting access using telecommunications from September 5, 2016 to March 4, 2017, as a domestic violence offender who assaulted the victim C (here 37 years of age) in a de facto marital relationship.

On September 21, 2016, around 01:10, the Defendant violated a victim protective order by continuously exposing the door door and sound, 30 minutes of the disturbance, such as finding the victim’s residence D, 207 Dong 101.

[2016 Highest 2182] On June 27, 2016, the Defendant: (a) around 12:00, around 27, 2016, the Defendant saw the victim F (73 tax) and a job dispute in front of the Escambus located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) the victim’s face is walking at one time, and the victim’s face is walking at one time, and the Defendant scam and scam of the internal, internal, internal, and tissues requiring three weeks of treatment.

Summary of Evidence

【Criminal Records】

1. References to inquiries, such as criminal history, investigation reports (reports on previous convictions, written opinions, and attachment of repeated crimes), written judgments to be attached, and current status of personal confinements (2016 order 1902);

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of a victim protective order issued;

1. Photographs photographs of the suspect at the time of receipt of the report (2016 high group 2182);

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and Articles 63(1)2 and 55-2(1)2 (the fact that a victim protective order is not issued), Article 257(1) of the Criminal Act (the fact that a victim protective order is not issued) and the choice of imprisonment, respectively, with labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation concurrent crimes;

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