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(영문) 서울중앙지방법원 2018.10.26 2018고단5669

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A defendant who violated the Punishment of Violences, etc. Act (joint residential intrusion) was informed of his/her knowledge around March 23, 2018;

D, E, F, G, and H see that their wife would go beyond the victim I (36) and enter the hotel room where they stay and confirm the site. From around 00:40 on the same day, K hotel located in Jongno-gu Seoul, Jongno-gu, Seoul, left the hotel room by 2515, where the victim was able to go to her guest room, and the victim was able to go to her guest room and she was pushed into the room by 2515.

Accordingly, the Defendants infringed on the room possessed by the victim jointly with the above D, E, F, G, and H.

2. Around 00:40 on March 23, 2018, the physical defendant searched the body of the victim by searching for identification cards to verify the identity of the victim I within the above K hotel 2515, and searching for the body of the victim, such as searching for identification of the victim I’s personal information.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the examination of each police suspect with respect to D, E, F, G, or H;

1. Statement made by the police with regard to I, and statement made by the police with regard to L;

1. Complaint;

1. Application of Acts and subordinate statutes to photographs by cutting CCTVs into a hotel room at the seat of a hotel;

1. Relevant Article 2 (2) 1 of the Act on the Punishment of Violences, etc. against Criminal Facts, Article 319 (1) of the Criminal Act (joint residential intrusion, choice of imprisonment with labor), and Article 321 of the Criminal Act (physical search);

2. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed for a violation of the Punishment of Violences, etc. Act with heavy punishment).

3. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstance among the reasons for sentencing as set forth below) intrudes into the hotel room where the injured person jointly occupies with many persons, and searches the body.