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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 became final and conclusive.
Reasons
Punishment of the crime
On June 20, 2019, the Defendant issued an order to prohibit access within 100 meters from the victim’s residence in the Suwon District Court by December 19, 2019.
The term " shall be issued a victim protective order with the content of the order, and the prohibition of access by December 19, 2019 shall be extended until February 18, 2020, around November 26, 2019.
The term "it is a domestic violence offender who has received a decision."
Nevertheless, around 14:55 on December 31, 2019, the Defendant: (a) opened the victim’s portraits in front of the door door D of the C Building D, Silung-si; and (b) accessed the victim’s portraits within 100 meters from the residence of the victim by generating the door door.
Accordingly, the defendant did not comply with a victim protective order.
Summary of Evidence
1. Some of the protocol concerning the interrogation of the police officers against the accused;
1. B written statements;
1. Application of statutes to each written decision on extension of a victim protective order and investigation report (the first written decision on victim protective order);
1. Article 63 (1) 2 and Article 55-2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence concerning Crimes (Options of Imprisonment with prison labor);
1. The grounds for sentencing under Article 62(1) of the Criminal Act, the severity and frequency of the instant offense, the Defendant’s history of violating a victim protective order even before the instant case, the relationship with the victim, and the Defendant’s age, sex, environment, motive, means and consequence of the instant offense, and all of the sentencing conditions as shown in the pleadings of the instant case, including the circumstances after the commission of the crime, shall be determined as ordered.