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(영문) 대구지방법원 2017.04.13 2016고단6111
재물손괴등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a de facto marital relationship with the victim C (nive, 43 years of age).

1. On October 10, 2016, around 16:40 on October 10, 2016, the Defendant damaged the victim’s house located in Daegu-gu D 1st floor by cutting one glass door door to drinking, on the ground that the victim does not open the entrance door.

Accordingly, the defendant damaged a free entrance equivalent to 50,000 won of the market price owned by the victim.

2. On September 6, 2016, the Defendant was ordered by the Daegu Family Court to temporarily protect the victim from transmitting signs, text, sound, or images by wire, wireless, optical, or other electronic means, until the victim’s victim protection order is determined, by means of a wire, wireless, optical, or other electronic method, and the decision was served on the Defendant on October 14, 2016.

Nevertheless, on October 20, 2016 and around 16:12 on the same day, the Defendant did not comply with an ad hoc protection order by making phone calls from the victim’s cell phone before the victim’s house as stated in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes to photographs, documents of a provisional protection order, and confirmation;

1. Relevant legal provisions of the Criminal Act and Article 366 of the Criminal Act selection of punishment for the crime, Article 63 (1) 2 and Article 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (not complying with an order for provisional protection) and the selection of fines;

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 Articles 70(1) and 69(2) of the Criminal Act with detention in the workhouse is not only the fact that the defendant was sentenced to several times as a single crime, but also the defendant was sentenced to four months of imprisonment due to an injury to the victim C and completed the enforcement on May 19, 2016, and again repeated the instant crime against the same victim within the period of repeated offense.

However, this case.

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