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(영문) 서울중앙지방법원 2021.03.16 2020고단8585
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

On June 16, 2020, around 18:00, the Defendant received a provisional protective order to order the Seoul Family Court to immediately leave from the building located in Seocho-gu Seoul, a residence of the victim B and C, and to prohibit access within 100 meters from the residence, and to prevent the victim from transmitting text and sound by wire or wireless method using handphones of the victim.

1. The Defendant did not leave the victim’s above residence from around 18:00 on June 16, 2020 to June 18:30 on June 28, 2020, but did not leave the victim’s above residence from around 18:30 on June 28, 2020 to the victim’s cell phone from around 20:0 on June 28, 2020, the victim B was unable to enter the above residence.

Accordingly, the defendant violated the above provisional protection order.

2. On June 28, 2020, the Defendant did not leave the victim’s residence, as described in paragraph (1) around 21:55, and was arrested of a flagrant offender at the police station of the Seoul Western Police Station and released the victim B upon receiving a report from the victim B, on charges of committing a cell phone as above.

그러자 피고인은 2020. 6. 29. 01:40 경부터 같은 날 02:40 경까지 피해자들의 위 주거에 찾아가 문을 열어 달라고 하면서 손으로 위 주거지 문을 두드리고 발로 찼다.

Accordingly, the defendant violated the above provisional protection order.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of the Act and subordinate statutes to investigate domestic violence risk list B in the police interrogation protocol B and the police statement protocol B to each police suspect interrogation protocol B to the defendant, each 112 report processing table, interim protection order, execution direction, text message details, investigation report (in the case of release of the suspect), investigation report (in the case of the victim's past 112 report details), investigation report (in the case of monitoring of the APO), investigation report (in the case of the victim's past 12 report)

1. Article 63 (1) 2 and Article 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (Selection of Imprisonment with prison labor) of the same Act as applicable to the crime and the selection of punishment for each crime of domestic violence;

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