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(영문) 광주지방법원 2018.04.26 2017고단5795
가정폭력범죄의처벌등에관한특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On November 6, 2017, the Defendant, who violated the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence, ordered the offender (Defendant) to immediately leave the victim C’s residence “Seoul Mine-gu D, 103 Dong 1602” and not enter the victim’s residence until the victim protection order is determined.

2. An order shall be issued to an offender to prohibit him/her from approaching 100 meters from his/her residence until a victim protective order is determined;

3. On November 3, 2017, Gwangju was served on the victim’s mobile phone E or e-mail address with a notice of a provisional protective order issued by the competent court on November 3, 2017, stating that the victim’s cell phone E or e-mail does not transmit codes, text, sound, or images by wire, wireless, optical, or other electronic means.

On November 8, 2017, the Defendant found the said victim’s residence and tried to open a door door with the entrance card and enter the house. However, in so doing, the Defendant violated an ad hoc protection order, such as making up the door door so long as the door door is not opened by double high-ri locking device, and entering the house so long as it is difficult, and the victim went into the house, and then the victim violated an ad hoc protection order, such as making the escape from the door door several times as a diving.

2. The Defendant damaged property at the same time and at the same place as the above 1.1.m. location, as seen above, destroyed the entrance door with double covering devices and damaged the door by continuously destroying the equipment and by continuously destroying the inner door on drinking.

Accordingly, the defendant damaged the unclaimed locking device and the inner locking door at the market price, which is the joint ownership with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An investigation report (to attach images to a letter message sent by Gwangju Family Court);

1. A report on internal investigation (attaching photographs to damaged scene);

1. Application of a copy of an ad hoc protection decision;

1. Article 63 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and the Selection of Punishment, etc. of Crimes of Domestic Violence are applicable.

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