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(영문) 수원지방법원 2017.05.17 2017고정264

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 22, 2016, the Defendant was sentenced to 4 months of imprisonment with prison labor for the violation of the Act on the Guarantee of Workers' Retirement Benefits and 2 years of suspended sentence, and the judgment became final and conclusive on January 27, 2017. On February 23, 2017, the Daejeon District Court sentenced the Defendant to 4 months of imprisonment with prison labor for the violation of the Act on the Guarantee of Workers' Retirement Benefits and 2 years of suspended sentence, and the judgment became final and conclusive on March 3, 2017.

1. On August 22, 2016, the Defendant and C violated the Punishment of Violences, etc. Act (joint residential intrusion) came to the “F” factory operated by the victim E in Ma at the time of e.g., the victim E at the time of e., on August 12, 2016, and in order to affix photographs necessary for the seizure procedure, C driven a cuss car in G, and the Defendant went to the door of the factory opened by him.

Accordingly, the defendant invadedd the victim's structure jointly with C.

2. The Defendant assaulted the victim H and photograph, who is the husband of the above E, at the time and at the place specified in paragraph 1, during the time of marking the victim H and photograph.

Summary of Evidence

[Judgment 1]

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect with respect to C or H;

1. E statements;

1. The fact-finding No. 2 of the judgment of the court below after a CCTV closure and CD images;

1. Partial statement of the defendant;

1. A protocol concerning the examination of each police suspect with respect to C or H;

1. E statements;

1. A photograph of CCTV-fash and CD images before the judgment;

1. The defendant and his defense counsel asserted that, although the defendant had a criminal history inquiry, each judgment, and the summary information of the case, the defendant's act constitutes a defense act to escape from the victim's assault, it constitutes a legitimate defense.

According to each evidence of the judgment, the victim first flabed and pusheded the Defendant’s flab, but thereafter, the Defendant also asserted against this and actively flabed and pushed the victim’s flab, etc., and it is recognized that the Defendant flabed one another by the above evidence. The details and contents of the crime of this case, and the degree of assault.