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(영문) 수원지방법원 안양지원 2017.08.10 2017고정314
가정폭력범죄의처벌등에관한특례법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant of "2017 High 314" is his/her spouse under the law of the victim C (n, 43 years of age). On November 9, 2016, the defendant was released immediately from 115 Dong Dongpo-si 1003, Mapo-si, Mapo-si, Mapo-si, the victim's residence, and entered the victim's residence until May 8, 2017. The defendant was issued a victim protection order with the content of prohibiting access to the victim's Handphone E and e-mail address using telecommunications.

Nevertheless, on February 4, 2017, the Defendant violated a victim protective order by checking at the victim's residence located in 115 Dong Dong 1003, Dapo-si, Mapo-si, Mapo-si, Mapo-si.

The defendant of "2017 High 315" is a domestic violence offender who was under a divorce lawsuit with the victim C, and on November 9, 2016, the defendant moved out from D Apartment 115 Dong 1003, Gunpo-si, Gunpo-si, the victim's residence, until May 8, 2017, entered the victim's residence, prohibited access within 100 meters from residence and workplace, and prevented access to the victim's handphone E and e-mail address using telecommunications.

On January 31, 2017, the Defendant found the victim’s residence in the above victim’s residence and tried to open and enter the door “hing and opening the door.”

Accordingly, the defendant violated the victim protection order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of statutes on a copy of a written victim protection order;

1. Article 63 (1) 2 and Article 55-2 (1) of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and the Selection of fines concerning the crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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