2018 Highest 5180, 2019 Highest 33, 1262, 206(combined) Grounds for Crimes of Domestic Violence

Violation of the Special Act on Punishment, etc., Assault

○○○ (35-1), Private Post

Housing Daegu

Gyeongbuk-gu District in Reference domicile

Kim Jong-Un (Court) (Court of First Instance), and the Constitutional Court of Korea (Court of First Instance)

Attorney Gangwon-at-Law (Korean National Assembly)

July 9, 2019

Defendant shall be punished by imprisonment with prison labor for six months and by imprisonment for two months for the remaining crimes, for each of the crimes referred to in Article 2018 Highest 5180, 2019 Highest 33, 2019 Highest 1262, and for each of the crimes referred to in subparagraphs 1 through 4 of Article 2019 Highest 2006.

Punishment of the crime

On February 14, 2019, the Defendant was sentenced to two years of suspended sentence in the Daegu District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence, etc., and the judgment became final and conclusive on February 22, 2019.

The defendant is the victim's 00 (year 48) and father's son's son's son's son's son's son's son's son.

On January 16, 2018, the Defendant received an order from the Daegu Family Court to prohibit access to the room possessed by the victims until the victims of other crimes (victim protective order).

1. On August 24, 2018, from around 20:55 to 23:20 the same day, the Defendant: (a) in the criminal trial of the case where the victim reported the Defendant, the victim 00 was sentenced to a suspended sentence; (b) in order to bring the toilet, the victim she saw that the victim she would display a stick in several times to the victim’s head from his/her room and her room, and assault the victim. On September 15, 2018, the Defendant used the victim at the same place as Paragraph (1) from around 18:40 of the same day to 19:30 of the same day.

3. On September 18, 2018, from around 22:10 to around 00:40 of the following day, the Defendant violated an ad hoc protection order by putting in place the same reason at the same place as Paragraph 1, setting up the victim’s visit, setting up the victim’s visit, and pointing out the victim’s desire.

4. 피고인은 2018. 9. 26. 10:50경부터 같은 날 12:40경까지 제1항과 같은 장소에서 같은 이유로 화가 나, 피해자 장00의 방문을 지팡이로 수 회 두드리며 "복수를 하겠다!"고 소리치고, 피해자 유00의 방문을 연 후 "썅년아, 이년아"라고 욕설을 하여 임시보호 명령을 위반하였다.

5. On October 11, 2018, the Defendant: (a) from around 17:00 to around 18:50 on the same day, the Defendant: (b) opened a visit of 00 victims; (c) took a bath to the victim; and (d) violated the following temporary security order by sending out visits.

6. On October 12, 2018, from around 00:57 to around 04:30 on the same day, the Defendant violated an ad hoc protection order by leaving the victim’s head in the same place as Paragraph (1) in the same manner in the same manner as Paragraph (1), and holding the victim’s head visit several times and holding the victim’s head in a stick, and used the victim’s body in a toilet as a stick to the victim’s head 00 bridge.

7. On October 14, 2018, from around 11:35 to October 00, 2018, the Defendant violated an ad hoc protection order by taking the victim’s visit to several times and taking the victim’s head’s visit into consideration for the same reason in the same place as Paragraph 1 at the same time as Paragraph 1, and from October 15, 2018.

8. On November 4, 2018, from around 10:00 to 23:50 on the same day, the Defendant violated an ad hoc protection order by setting the victim’s door-to-door visit from around 10:0 to around 23:50 on the same day on the same ground in the same place as Paragraph (1).

2019 Highest3

The Defendant is the father of the victim head of 00 (age 48) and is the legal spouse of the victim 00 (age 87), and the Defendant was issued a “order to Ban access to the victim’s room by May 7, 2019” at the Daegu Family Court on November 8, 2018 to “2018 wife 13 and other crimes (victim protective order). Nevertheless, from November 22, 2018 to 21:20, the Defendant issued a “order to Ban access to the victim’s room”. Nevertheless, the Defendant took care of the victim’s visiting the victim’s room within the Defendant’s residence located in Daegu, from November 22, 2018 to 21:20, and took care of the victim’s room, and took care of the victim’s visit the victim’s hand. Then, the Defendant took care of the victim’s 00 room and took care of the victim’s visit, thereby violating the victim’s victim’s protective order.

The defendant was issued a victim protective order to the effect that the defendant is the husband of the victim UOO (YO, 87 years of age) and the father of the victim 00 (year 49 years of age), and that the Daegu Family Court issued a victim protective order to prohibit access to the victims' rooms in the common residential areas in Daegu from May 7, 2019.

1. Nevertheless, on December 21, 2018, the Defendant violated a victim protective order by taking the victim’s desire in front of the victims in the Daegu-gu residential area in a large sound.

2. On December 29, 2018, the Defendant: (a) 13:54 on December 29, 2018, 13:54, expressed a great voice before the victim’s room in the same residence; (b) continued to commit a violation of the victim protection order by continuously destroying the victim’s door knife by opening the door, “h. d. d. h. d. h. d. h. d. r. r.,

3. On January 13, 2019, at around 15:21, 2019, the Defendant took a bath with a large voice in front of the victim's room in the same residential area, and took the victim's room into and out of the room, and continued to violate the victim's protective order by displaying stick to the victim's head 00 in front of the victim's room.

The Defendant was issued a victim protective order to the effect that the Defendant is the husband of the victim's U20 (math, 87 years of age) and the father of the victim's head ○○ (math 49 years of age), and that the Defendant ordered the victims' room in the Daegu Family from November 8, 2018 to May 7, 2019.

Nevertheless, at around 16:02 on February 1, 2019, the Defendant took a bath in front of the victims in the residence of the Defendant and victims in Daegu. The Defendant violated the victim protective order by displaying stick to ○○○○○, assaulting the victim head, and assaulting the victim head on 17 occasions during a total period from around 2019 to March 29, 2019, and assaulted the victim head ○○○ through eight times in total.

Summary of Evidence

“2018 Highest 5180

1. Each statement of the protocol of examination of witness, except the date set for 00,000 witnesses;

1. A report on emergency measures;

1. A report on internal investigation (with respect to the effective period of an ad hoc protection order)

1. Investigation report and photograph, investigation report (the currency of the family court related to a provisional protection order), investigation report (the voice recording file to be submitted to the head of a victim and accompanying materials) 2019, class 33);

1. Each statement of the protocol of examination of witness, except the date set for 00,000 witnesses;

1. 112 Case disposition slips and photographs; and

1. Domestic investigation reports (Attachment of victim protection order documents), and investigation reports (related to the date and time of notification of the victim protection order);

2019 Highest 1262

1. Each statement of the protocol of examination of witness, except the date set for 00,000 witnesses;

1. Investigative report (as to the victim's cell phone photographic nature of the scene of the crime, the photographic nature of which is contained), and the date and time of photographing the crime;

1. 112. List of reported cases;

1. A report on investigation (related photographs submitted by a victim), and photographs submitted by a victim;

1. A copy of a victim protective order "2019 highest 2006;

1. Each written statement (O0);

1. Statement made by the police in relation to 00;

1. Investigation report (Attachment of 112 Report List for Handling Cases);

1. A criminal investigation report (to attach a victim protective order or a provisional detention order);

1. Previous records: Criminal records, previous records, results of confirmation before and after dispositions, and application of Acts and subordinate statutes governing final and conclusive judgments;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 63(1)2 and 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (a violation of a provisional protective order), Article 260(1) of each Criminal Act (a violation of a separate protective order), Articles 63(1)2 and 55-2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (a violation of a separate protective order), and selection of imprisonment, respectively.

1. Handling concurrent crimes;

The latter part of Articles 37 and 39(1) of the Criminal Act (the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence, which is finalized at the time of sale, and the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence and the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence, each of the crimes referred to in Articles 20-1 through 4.)

1. Aggravation for concurrent crimes;

The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act - The defendant does not seem to have an attitude of reflection, such as continuously threatening the victim's wife and children to commit a violation of a provisional protective order or a victim protective order, and denying a crime into the crime even though the nature of the crime is bad by assaulting the child. The victims also want to be punished by the defendant.

| 피고인은 고령이고, 일부 범죄사실은 판결이 확정된 가정폭력범죄의 처벌등에관한특 례법위반죄 등과 후단 경합범 관계에 있어 함께 재판받았을 경우와의 형평을 고려하여야 한다.

In addition to the above circumstances, the defendant's age, character and conduct, occupation, family relationship, environment, motive, means and result of the crime of this case, circumstances after the crime of this case, etc., and various sentencing conditions shown in the arguments of this case shall be determined as ordered.

Judges Lee Do-in