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(영문) 인천지방법원 2015.09.03 2015고단4436
가정폭력범죄의처벌등에관한특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Damage to property;

A. On June 28, 2015, the Defendant: (a) around 04:50 on June 28, 2015, around 04:50, at the residence of the victim D, who is the wife of the victim, Nam-gu, Incheon, Nam-gu, 3 102 Dong-gu, Incheon, the Defendant: (b) did not open a door by making the victim aware of the Defendant’s happiness; (c) did not open the door by opening the door; (d) was collected several times in the entrance door; and (d) by walking the entrance door several times, damaged the repair cost by opening the door door.

B. On July 17, 2015, the Defendant: (a) at the same place as the preceding paragraph, at around 02:20 on July 17, 2015; (b) destroyed the Defendant by walking a cover of the entrance of the front door on the ground that the victim does not open the door so that the Defendant may incur repair costs for auxiliary terms.

2. Violation of the Special Act on the Punishment of Crimes of Domestic Violence;

A. On July 1, 2015, the Defendant received an ad hoc protection order (the Incheon District Court 2015J34) from the Incheon District Court to the effect that “it shall not enter the victim’s dwelling until a victim’s protective order is determined and shall not approach within 100 meters from the victim’s dwelling” (the Incheon District Court 2015J34), and the same year.

7.8. Ad hoc protection order was received and perused by the victim.

Nevertheless, on July 13, 2015, the Defendant found the victim's residence at around 12:18 on July 13, 2015, and did not comply with an ad hoc protection order, such as finding the victim's residence at around 15:45 on the same day, leading the victim's residence in front of the entrance.

B. On July 17, 2015, the Defendant received an ad hoc protection order, such as the preceding paragraph, but failed to comply with the ad hoc protection order, such as destroying the door door, by finding the victim’s residence as prescribed in subparagraph 1(b).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Written statements of D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to 112 report, processing table, report on emergency measures, and provisional internment order;

1. Relevant Article of the Criminal Act and the punishment, etc. of the crimes of domestic violence;

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