A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the husband of the victim B (here, 46 years of age).

On April 11, 2019, the Defendant was notified by the Daegu Family Court of the extension of the victim protection order by public notice, stating that “the victim’s access prohibition against the offender by March 19, 2019 and the access prohibition using telecommunications shall be extended by no later than May 19, 2019.”

Nevertheless, on April 23, 2019, at around 21:14, the Defendant sent the victim a text message “conceive” using a mobile phone at the Defendant’s residence, and from May 1, 2019 to May 20:31, 2019, the Defendant sent the victim a text message at least 22 times in total as shown in the annexed crime list (1). As indicated in the annexed crime list (2) from around 21:11 on April 26, 2019 to May 15:0 on May 12, 2019, the Defendant called the victim on a total of 267 occasions.

Accordingly, the defendant violated a victim protection order as a domestic violence offender.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police beverage concerning B;

1. A written decision of an ad hoc protection order, a written decision of a protection order for victims of domestic violence, and a notification of extension thereof;

1. Application of the Acts and subordinate statutes on details of telephone or text messages received by victims;

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

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

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Probation Criminal Act, the probationary sentence shall be determined by taking full account of the following circumstances and the defendant’s age, character and conduct, environment, motive and means of crime, circumstances after crime, and various conditions of sentencing as shown in the argument of this case.

The crime of this case is limited to the prohibition of access by means of telecommunications to the victim who is his former wife.