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(영문) 대전지방법원 천안지원 2015.05.07 2015고정167
가정폭력범죄의처벌등에관한특례법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 22, 2014, the Defendant, as a domestic violence offender, received an order of temporary protection that prohibits access within 100 meters from the D residence of the Defendant, the victim’s wife C, and from transmitting the victim’s cell phone text and text to the victim’s cell phone.

1. On August 31, 2014, the Defendant violated the above ad hoc protection order, such as approaching the Defendant’s home located in Asan-si D and sounding his races, etc.

2. The Defendant violated an order prohibiting transmission of text and text using a mobile phone: (a) from August 27, 2014 to September 9, 2014, the Defendant sent the victim’s Kakakakao Stockholm letters to the victim’s Handphones over 65 times; and (b) violated the order prohibiting transmission of text and text.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to C by the police statement;

1. Application of C’s Acts and subordinate statutes to the written complaint;

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;

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

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

1. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant's defense counsel reported to the police for the purpose of opening clothes at the time, and intended to visit the office of the victim by accompanying the police officer. However, the defendant's act of opening the first five-minutes first after arrival of the five-minutes first, does not go against the purport of the prohibition of access and provisional disposition, and therefore does not constitute a constituent element, or does not violate social rules, and thus constitutes a justifiable act or a case where there is a legitimate ground for legal mistake.

A written statement prepared by E, the defendant, on the ground that the defendant visited the office of a victim after reporting to the police.

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