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(영문) 대구지방법원 2020.01.30 2019고단5836
가정폭력범죄의처벌등에관한특례법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and the victim B(n, 47 years old) are divorced from around 2012.

On March 7, 2019, the Defendant issued a victim protection order from the Daegu Family Court on September 6, 2019 that “the offender shall not have access within 100 meters from the Daegu Dong-gu C and workplace where the victim B’s residence was located. The Defendant ordered the offender not to transmit codes, language, sound, or images by wire, wireless, light, and other electronic methods using Handphones, telephone, or e-mail address of the victim B, and was decided on September 2, 2019 by the Daegu Family Court to extend the above victim protection order by November 6, 2019.”

Nevertheless, the Defendant took measures around September 23, 2019: around 20: 20: 03, around 21:03, around 21:04, around 21:07, around 21:07, around 21:08, around 21:12, around 21:19, around 21:21:29, around 21:31, around 21:30, around 201:3:4: around 20, around 21:20, around 22:0, around 22:0, around 222:0, around 22:01, around 22:201, around 21:3:3:4: around 20, around 201, around 201:3:3:4: around 20, around 201;

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of victim B;

1. Application of Acts and subordinate statutes to report internal investigation (verification of vehicle operated by a suspect), report internal investigation (in cases of photographs submitted by a victim), and report internal investigation;

1. Article 63 (1) 2 and Article 55-2 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 and Article 38(1)2 of the Criminal Act are applicable;

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