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(영문) 서울남부지방법원 2018.09.14 2018고단1803

폭력행위등처벌에관한법률위반(공동주거침입)등

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1. The defendant A shall be punished by imprisonment with prison labor for six months;

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

Reasons

Criminal facts

Defendant

A and Defendant B are families residing in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, 502 Dong 201, and the victim F, the victim G, the victim H, the victim I and the victim J have been living in the above 301, and the defendants and victims have been pending a dispute over several months due to noise between floors.

1. On July 10, 2017, Defendant A who intruded upon his residence on July 10, 2017: (a) around 15:00 on July 10, 2017, the victim H, who was in the house, divided the first race into the victims of the victims of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Seoul E Apartment-gu, 502 Dong 301, opened the front door, and (b) the victim H, who was

”라고 하자, “ 어제 절구 찧는 소리가 밤새 났다, 혹시 방에서 운동하는 거 아니냐

“The victim H is not a sports organization in the room,” and the victim H is off from his own rash, and entered a ward, with the defect that “I do not have a sports organization in the room.”

In a strike, it was invaded upon the residence of victims, such as being sitting into the kitchen and going to the kitchen.

2. On July 15, 2017, the Defendants violated the Punishment of Violence, etc. Act (joint residence intrusion) committed a violation of the said Act (hereinafter “Joint Residence”) on July 15, 2017, by opening the door door door of the said victims on July 13:00, and by opening the door door door door door of the said victims, the victimJ, who was in the house, invaded the victim’s J himself/herself, and invaded the victims’ residence jointly with the victim’s house.

3. 2017. 10. 9. 자 폭력행위 등 처벌에 관한 법률위반( 공동 주거 침입) 피고인들은 2017. 10. 9. 22:30 경, 피고인 A의 아들 K이 천장에서 쿵쿵 소리가 난다는 이유로 올라와 피해자들의 집 초인종을 눌러 집 안에 있던 피해자 H이 현관문을 열고 모두 자고 있다고

말하였고, 위 K이 알았다며 나가고 H이 현관문을 닫으려는 순간, H을 밀치며 거실까지 들어 와 피고인 A은 “ 왜 쿵쿵거려 씹새끼야” 라며 삿대질을 하며 욕설을 하고, 피고인 B은 휴대전화로 동영상을 촬영하는 등 공동하여 피해자들의 주거에 침입하였다.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to H, F, and J 1.