logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.01.24 2018노1360
가정폭력범죄의처벌등에관한특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below (one year of the suspended execution of six months of imprisonment, one year of probation, and one year of probation) is deemed to be too unhued and unfair.

2. The crime of this case is a crime in violation of a provisional protective order by sending text messages to a cell phone once around February 8, 2018, around April 2018, even though the defendant was issued an order for temporary protective order such as the victim’s access prohibition and handphones, etc., but it cannot be deemed that the crime of this case is a crime in violation of a provisional protective order due to finding the victim’s residence at the victim’s residence and leaving the entrance and leaving the door door, etc. on or around April 2018. However, it is difficult to view that the defendant’s mistake was against himself/herself in the first instance, in light of the form, degree, frequency, etc. of the violation of the provisional protective order, and the probation of the defendant is added as an incidental disposition, and the court below’s age, character and conduct, family environment, motive, means, method, result, etc. of the crime of this case, and the circumstances before and after the crime of this case cannot be deemed as unreasonable and unreasonable.

The prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

arrow