Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On January 11, 2018, the Defendant was issued a victim protective order with the husband before he/she was divorced from the victim B (the age of 57) with the content that no sign, text, sound, or image shall be transmitted by wire, wireless, optical, or other electronic method to the victim’s Handphone or e-mail address in Incheon Family Court.

Nevertheless, from January 14, 2018 to 05:02 on the following day, the Defendant received a claim for consolation money from the injured party within the residence of the Defendant, Seo-gu, Incheon, Seo-gu, 303, and then sent 15 letters, voice messages, photographs, etc. to his mobile phone (D).

Accordingly, the Defendant sent the text, sound, or image to the victim by electronic means, thereby violating the victim protection order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (the confirmation telephone of the Incheon Family Court), investigation report (the submission of documents for the order to protect victims and reporting thereon);

1. Application of the Acts and subordinate statutes on photographs and letters;

1. Relevant Article 63 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and Selection of Fines concerning the Punishment, etc. of Crimes of Domestic Violence;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. A sentence identical with the order shall be imposed by taking into consideration the purport of a victim protective order, the character sent by the defendant, the number of voice files and photographs, etc. to prevent contact with domestic violence offenders on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, which intends to protect the peace state of the victim;