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(영문) 대구지방법원 2017.08.30 2017고정1429
가정폭력범죄의처벌등에관한특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the husband of the victim C (V, 69 years old) who is currently living in a divorce lawsuit with the victim.

The Defendant was issued a victim protective order from the Daegu Family Court on March 31, 2017, stating that “by June 30, 2017, access within 100 meters from the victim’s residence (Ycheon-si D) and workplace shall be prohibited.”

Nevertheless, the defendant found the above victim's residence on May 19, 2017 at around 18:10, and failed to comply with the court's victim protection order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of a victim protective order, photograph of a victim, CCTV image, copy of the decision to recommend reconciliation, or suspect photograph;

1. Application of internal investigation reports (related to victim photographs, etc.) and investigation reports (the verification of CCTV images installed in the Etel)-related Acts and subordinate statutes;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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