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(영문) 인천지방법원 2018.01.25 2017고정3084
가정폭력범죄의처벌등에관한특례법위반등
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 September 6, 2017, the Defendant received a provisional protective order from the Incheon Family Court to prohibit access within 100 meters from the victim B’s residence and workplace until the victim protective order is determined.

1. Damage to property;

A. On September 24, 2017, around 15:00, the Defendant: (a) took advantage of the gap in Incheon Gyeyang-gu, the victim’s residence, Incheon Gyeyang-gu, and the victim B, before 301, opened the door compulsorily through the key repair hole; and (b) destroyed locks installed in the entrance door.

B. On September 26, 2017, around 21:40 on September 26, 2017, the Defendant destroyed the entrance by the method of throwing shegs and wooden clothes on the ground that the victim does not open the door at the above place.

2. Violation of special cases concerning the punishment, etc. of crimes of domestic violence;

A. On September 24, 2017, around 15:00, the Defendant violated the order of prohibition of access by destroying locks installed on the entrance door and destroying the locks through the key repair hole using the gap in which the injured person does not work in Incheon Gyeyang-gu and 301, which is the victim’s residence.

B. On September 26, 2017, at around 21:40, the Defendant: (a) destroyed the entrance by a method of throwing an anti-opa and wooden clothes, on the ground that the victim’s dwelling was found in the victim’s dwelling and did not open a door; and (b) violated the above order of prohibition of access.

(c)

On September 27, 2017, around 13:45, the Defendant violated the above order of prohibition of access by finding the victim’s residence described in the above paragraph (a), requesting withdrawal of the lawsuit, and cutting off the victim’s bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared B;

1. Application of Acts and subordinate statutes, such as the destruction of a fluorial, on-site photo, temporary protection order (a copy), on-site photo (Evidence No. 31 of Evidence Records);

1. Article 63(1)2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and the Selection of Punishment, etc. of Crimes of Domestic Violence and Article 63(1)2 and Article 55-4(1) of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and Article 366 of the Criminal Act are each applicable.

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