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(영문) 의정부지방법원 고양지원 2017.02.17 2017고단94
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

The defendant is married on March 1991 with the victim C (1969) and divorced around 2003.

1. Damage to property;

A. On August 10, 2016, the Defendant: (a) around 10:48, in front of the victim’s residence of the 119 Dong Dong-dong 119-dong 501, the Defendant: (b) placed on the victim’s front door at the Sinsan Police Station at the victim’s request for the protection of domestic violence; (c) laid the CCTV shooting equipment owned by the Defendant into an insular tool and destroyed by adding 80,000 won of the market price to the CCTV camera (200,00 IR fixed siren -4M).

B. On August 25, 2016, around 18:44, the Defendant: (a) around the residence of the victim of the 119 Dong Dong-dong 119-dong 501, the Defendant: (b) around the Goyang-gu Incheon Police Station installed on the victim’s front door at the victim’s front door at the victim’s request for the protection of domestic violence; (c) caused the victim’s CCTV shooting equipment installed on the victim’s front door; and (d) destroyed the CCTV camera (200,00 IR fixed siren -4M) with a large amount of 80,000 won at the market price.

2. On August 10, 2016, the Defendant infringed upon a residence by entering the victim’s residence without the consent of the victim immediately after the crime as described in paragraph (a) of the above 1. Around March 10, 2016, the Defendant went into the victim’s residence without any consent of the victim.

3. On March 30, 2016, the Defendant was determined to take a protective disposition, such as “No access within 100 meters from the victim’s residence and place of work, no transmission of signs, documents, sound, or images shall be made by wire, wireless, optical lines, or other electronic means, using a kitchen 119 Dong-gu, Seo-gu, Busan, for the reason that the victim had been late at the victim’s residence, and by using violence, such as taking the kitchen 119 Dong and 501, which caused the victim’s humiliation while taking a bath,” and “no access shall be made within 100 meters from the victim’s residence and place of work until February 24, 2017; ② a protective disposition shall be taken against the victim’s cellphone or e-mail address.”

Nevertheless, it is not appropriate.

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