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(영문) 인천지방법원 2018.08.27 2018고정1906

폭력행위등처벌에관한법률위반(공동주거침입)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

B is a person who is currently divorced from October 3, 2016 between the victim C(37) and the husband and wife, and is currently being divorced from October 3, 2016, and D is a father of the victim's friendship, and the defendant is the father of B.

At around 02:00 on July 5, 2017, the Defendant and B, and D: (a) the victim’s house located in Gyeyang-gu Incheon E, 203 Dong 2501, and (b) the facts were found to have been out of the victim and F; (c) as if the victim and F were found to have found the clothes of B, the Defendant and B accumulated the labels, and the victim destroyed the entrance door of the repair hole that did not open the door; and (d) the damaged person who heard the sound and damaged the door “at this time has been equipped with the clothes;

At this time, whether it is the normal conditions of this time

“In spite of the refusal of entry,” the Defendant and B and D invadedd the victim’s house through an open door against the victim’s will. Accordingly, the Defendant and B and D jointly invadedd the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to B or D;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes of damaged photographs, photographs taken by the defendant's novels, 112 reported case handling slips, and text notes;

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 319 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (the fact that the defendant acknowledges and reflects the facts charged, the defendant is the first offender who has no record of criminal punishment, the fact that the injured person does not want the punishment of the defendant, and other circumstances shown in pleadings, such as the age, sexual conduct, environment, etc. of the defendant)