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(영문) 의정부지방법원 2019.11.28 2019고정1334
가정폭력범죄의처벌등에관한특례법위반
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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant and the victim B are currently married couple in a divorce lawsuit.

On April 12, 2019, the Defendant was ordered at the District Court of the Republic of Korea to prohibit access within 100 meters from the victim’s residence and workplace, and to refrain from transmitting signs, language, sound, or images by wire, wireless, light, and other electronic means to the victim’s mobile phone or e-mail address.

Nevertheless, the Defendant received an ad hoc protection order on May 14, 2019, by using the Defendant’s mobile phone (C) on three occasions around 08:17 and on two occasions around 08:20 on the same day, and attempted to use the Defendant’s mobile phone (C) with the victim’s mobile phone (D) and did not implement it.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A certified copy of a decision on an ad hoc protection order;

1. Application of Acts and subordinate statutes on the list of mobile phones;

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

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

1. The sentencing conditions specified in Article 334(1) of the Criminal Procedure Act, which include the following circumstances, shall be determined as ordered in consideration of all the sentencing conditions specified in the instant case.

The favorable circumstances: The defendant is a person who has received a summary order due to assault against the victim (the date of the crime, March 23, 2019) and fails to comply with an ad hoc protective order despite having received ad hoc protective order against the victim; in light of the circumstances of the crime of this case and the situation before and after the crime, etc., the nature of the crime is not easy.

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