Special Act on the Punishment of Domestic Violence violation
The client was in the middle of divorce proceedings when the family court ordered them out of the family home, told them to stay 100 metres away from their spouse's home and workplace, and banned all contact. Over the next two months they drove into the spouse's apartment car park 33 times and sent 210 abusive messages. Police arrested them for breaching the order and applied for a warrant to hold them in custody.
Divorce proceedingsProtection orderApproaching the homeAbusive messagesDetention hearing
Detention warrant denied (구속영장 기각)Criminal
This image is for illustrative purposes and is not a photo of an actual case.
Substantive examination of detention warrant
Investigating agencies are required to investigate without detention as a general rule, but they may apply to the court for a detention warrant when the suspect is reasonably suspected, lacks a fixed residence, or there is a risk of evidence destruction or flight.
Upon receiving the application for a detention warrant, the court summons the suspect and conducts an interrogation, during which it considers whether the grounds for detention listed above exist, as well as the gravity of the offence, the risk of reoffending, and the risk of harm to the victim and important witnesses, and then decides whether to issue the warrant.
If the warrant is issued, the suspect is immediately detained, and the police may detain for up to 10 days and the prosecution for up to 20 days.
Facts of the case
The client (suspect) was in divorce proceedings with the victim, and due to domestic violence, on June 25, 2021, the Daejeon Family Court issued a temporary protection order requiring the client to immediately leave the victim's residence, to stay at least 100 meters away from the victim's residence and workplace, and to not contact the victim until a victim protection order was issued.
Nevertheless, from around June 2021 to around August 2021, the client used his vehicle to access the underground parking lot of the apartment where the victim lived on 33 occasions, and sent 210 text messages and KakaoTalk messages containing profanity to the victim.
Accordingly, the police arrested the client, stating that he had failed to comply with the court's temporary protection order, and immediately applied for a detention warrant.
Assistance of attorney Joo Youngjae
Attorney Joo Youngjae argued that the client had secured a separate residence after leaving the home he had shared with the victim, so his residence was fixed; that the reason he approached the victim's residence even in violation of the temporary protection order was to see his minor son, which was a mitigating circumstance; and that since the client had pledged to comply with the temporary protection order in the future, detention was not necessary.
The court's decision
The court accepted the arguments of attorney Joo Youngjae and refused the police's application for a detention warrant, so the client was immediately released and will be investigated without detention.
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