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(영문) 서울서부지방법원 2017.08.25 2017고단1911
가정폭력범죄의처벌등에관한특례법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

Since the Defendant reported a marriage with wife C on November 2, 2012, the Defendant was a domestic violence offender who was subject to a temporary protection order on several occasions, such as assaulting or threatening wifes, hairs, etc., and ultimately prohibiting access within 100 meters from his residence from the Seoul Family Court on June 29, 2017.

1. On July 5, 2017, the Defendant found around 23:10, the residence of the above C, and reported only to the head of Eunpyeong-gu Seoul Metropolitan Government (DB) to the head of his/her house, and only to the head of his/her mother in his/her house.

In addition, the mother opened a door, and entered the house of the principal, and violated the temporary protection order.

2. On July 6, 2017, the Defendant, at around 03:50, found the residence of the said C, thereby sounding about about 30 minutes by opening the door and walking the string door, thereby violating the order of temporary protection.

3. On July 6, 2017, the Defendant found the residence of the above C around 16:21, and opened a door over about 30 minutes, walked with the entrance door, and opened a door by forcing the repair hole of the key, and violated the temporary protection order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the execution of an ad hoc protection order;

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

2. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which aggravated concurrent crimes.

1. favorable circumstances: The defendant's wrong and reflects against the defendant; the victim C complaining of his/her wife against the defendant; the victim of domestic violence violates an ad hoc protective order; and at the same time, does not use violence against C;

1. Unfavorable circumstances: The defendant is sentenced to a suspended sentence of imprisonment for a crime of violence against C committed by a domestic violence victim, and the defendant is sentenced to a suspended sentence of imprisonment for a crime of this paper, but he/she commits each of the crimes in this case during a suspended sentence of imprisonment, and is also subject to other crimes;

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