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(영문) 서울북부지방법원 2017.03.29 2017고단111
가정폭력범죄의처벌등에관한특례법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On February 8, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence to Seoul Northern District Court, and the above judgment became final and conclusive on the 16th of the same month.

[2] On November 1, 2016, the Defendant was ordered to temporarily protect the victim’s person who was a de facto ex facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex

Nevertheless, around November 19, 2016, the Defendant did not comply with the above ad hoc protection order, such as finding the victim's residence into Seongbuk-gu Seoul and underground factories, Seongbuk-gu, Seoul, and walking the entrance door several times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A copy of a decision on an ad hoc protection order;

1. The output of the Seoul Family Court’s search screen;

1. Previous convictions in judgment: Reporting the results of confirmation of door-to-door telephone, and applying the search-related Acts and subordinate statutes;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to three years;

2. In the case of violence against the victim who was sentenced to a sentence of sentence, there are several arguments that the victim was investigated by an investigative agency, and that the victim did not receive wages, and that the victim did not receive wages, and that there is a doubt as to whether it is against the law or not, is an unfavorable circumstance.

On the other hand, there is no record of punishment exceeding a fine after 2002, and it is due to a violation of an ad hoc protection order against the same victim.

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