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(영문) 청주지방법원 제천지원 2016.08.25 2016고정65
가정폭력범죄의처벌등에관한특례법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On February 25, 2016, at the Cheongju District Court Jeju Branch Branch, the Defendant received temporary protection orders to prohibit access within 100 meters in Cheongcheon E, 2nd floor and workplace, and to refrain from transmitting signs, language, sound, or images by wire, wireless, optical, or other electronic method to Handphones or e-mail addresses.

1. On March 4, 2016, around 14:03, the Defendant violated C’s temporary protection order by phoneing a total of seven times from around that time to March 19, 2016, including a phone call using his/her mobile phone (F) via his/her mobile phone (hereinafter referred to as “C”).

2. On March 7, 2016, around 21:19, the Defendant violated an ad hoc protection order by approaching approximately 20 meters of the dwelling of C and D, Incheon City E and approximately 10 meters of the second floor, and reporting to 112, who listens to sound in the house.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. C’s statement;

1. Investigation report (report accompanied by the materials, etc. received from the suspect temporary protection order);

1. Notification of a violation of an ad hoc protection order;

1. Application of Acts and subordinate statutes governing the submission of documentary evidence;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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