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(영문) 수원지방법원 안산지원 2019.07.11 2019고단1717
가정폭력범죄의처벌등에관한특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On April 10, 201, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and a person related to legal marriage was ordered to temporarily protect the victim’s residence and workplace within 100 meters from his/her residence and workplace in Ansan Branch of the Suwon District Court.

Nevertheless, at around 17:50 on April 26, 2019, the Defendant found the C building at Silung City, and the victim’s residence at Silung-si, and had access to the victim’s residence more than five times in total, such as the list of crimes in attached Table, from May 2, 2019 to May 2, 2019.

Accordingly, the defendant did not comply with an ad hoc protection order.

2. On April 26, 2019, the Defendant requires the victim to pay money from the door outside of the door by sending a door to the front door from the victim’s residence at Si interesting C building and the victim’s residence at Si interesting around 17:50 on April 26, 2019.

(a) The same period:

(i) to die;

"The victim threatened the victim by sound along with the bath theory."

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Investigation report (to have telephone conversations for witnesses);

1. Copy of the execution direction;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant Article and Articles 63 (1) 2 and 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (a violation of an ad hoc protection order), Article 283 (1) of the Criminal Act, the selection of imprisonment for a crime;

1. There is no room for doubt as to whether a person committed a crime during the period of suspension of execution due to an assault committed against a victim with the same reason for sentencing under the former part of Article 37, Article 38(1)2, or Article 50 of the Criminal Act for the aggravated punishment of concurrent crimes. Not only poses a threat to family, but also disregards the court’s order.

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