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(영문) 대구지방법원서부지원 2020.12.01 2020고정213
가정폭력범죄의처벌등에관한특례법위반
Text

1. The defendant shall be punished by a fine of 700,000 won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant and the victim B are married couple in a divorce lawsuit.

On August 26, 2019, the Defendant, at the Daegu Family Court, immediately withdraw from the room where he resides or occupies the victim’s residence, and entered the room of the victim’s residence, and was ordered not to access within 100 meters from the victim’s dwelling and workplace and to access his cellular phone or e-mail address by wire, wireless, light, sound, or other electronic means, and not to send signs, text, sound, or images to the victim’s cell phone or e-mail.

1. On October 11, 2019, the Defendant violated an ad hoc protection order by phone calling the victim’s cell phone from the victim’s cell phone at around 01:29.

2. On October 16, 2019, the Defendant violated an ad hoc protection order by approaching the victim’s residence in Daegu-gun C Apartment D within 100 meters from the victim’s residence in Daegu-gun C Apartment D around 21:00.

Summary of Evidence

1. Defendant's legal statement;

2. Application of the police protocol protocol law to B

1. Relevant Articles 63 (1) 2 and 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and Selection of Punishment, etc. of Crimes of Domestic Violence;

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

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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