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(영문) 수원지방법원 2013.10.24 2012고단5678

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

Defendants are not guilty.

Reasons

1. Summary of the facts charged

A. The Defendants violated the Punishment of Violence, etc. Act (joint residence) knew that D (56 years of age) who is the husband of the Defendant A came to be between the victim E (the 47 years of age), and lent approximately KRW 60 million to the victim E (the 47 years of age), and found the F building 101 Dong 103, 103, which is the home of the victim.

After December 18, 2010, the Defendants jointly held a cooling house in the victim’s home and opened a cooling house in the victim’s residence house, and led to the disturbance for about one hour by avoiding the disturbance.

B. Defendants in violation of the Punishment of Violences, etc. Act (joint injury) jointly committed an act of assaulting 5 to 6 times the head, scaming scams, sticking scams on the room, scambling scams, scams, scams, scams, and scams, etc., which require treatment for 21 days due to such act of assaulting scams, scams, scams, scams, scams, scams, scams, scams, scams, scamscams, etc.

2. Determination

A. According to the records of this case, the judgment on the violation of the Punishment of Violences, etc. Act (joint residence intrusion), ① opening the door door of 101 and 103 (hereinafter “house”) of the F building in Osan-si, Osan-si, and it can be acknowledged that the defendants entered the house. In such a case, since there is an understanding, it cannot be deemed that there was an “infence” under Article 319(1) of the Criminal Act, and therefore, the crime of violation of the Punishment of Violences, etc. Act (joint residence intrusion) is not established. ② Even if the defendants concealed that the defendants were to commit the crime of violation of the Punishment of Violences, etc. Act (joint injury) against E, such as the purpose of crime, that is, the defendants were to commit the crime of violation of the above paragraph 1(b) and enter the house of the above E.