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(영문) 광주지방법원 2018.04.26 2017고단5794
가정폭력범죄의처벌등에관한특례법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a legal couple between the defendant and the defendant.

On September 4, 2017, the Defendant issued an order to protect a victim on September 4, 2017, Gwangju District Court to the effect that "No access within 100 meters from Gwangju Mine-gu C, non-Dong 401" and "Seoul Mine-gu D, working for work," which is the victim B's residence until December 3, 2017, the Defendant violated the order to protect the victim by visiting the victim's residence, such as staying on the rooftop of the above building, on October 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The order to protect victims and the application of the Acts and subordinate statutes on the table of 112 reported cases;

1. Relevant Article 63 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 Articles 63 (1) 2 and 55-2 of the same Act concerning the crime;

1. In light of the fact that the defendant for the reason of sentencing under Article 62(1) of the suspended sentence under the Criminal Act committed the instant crime even though he/she had been punished by a fine by assaulting the victim several times, such crime is not less light, but the nature of the relevant crime is confession of the crime, the criminal defendant reflects his/her mistake, the defendant has no criminal record exceeding the fine, and the victim does not want the punishment of the defendant.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, motive for committing a crime and circumstances after committing a crime, etc., as shown in the argument of this case, shall be determined as the same as the order.

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