폭력행위등처벌에관한법률위반(공동주거침입)
All the judgment below is reversed.
Defendant
B shall be punished by a fine of 500,000 won.
The above defendant is a fine.
1. The summary of the grounds for appeal is too unreasonable that each punishment against the Defendants of the lower court is too unreasonable.
2. In full view of the overall sentencing conditions shown in the records and arguments of this case and the sentencing conditions of this case as well as the criminal records of suspension of qualification or more, and the defendants agreed with the victim and were in depth against the victim, each punishment against the defendants of the court below is too unreasonable.
3. Accordingly, the Defendants’ appeal is with merit. Accordingly, the lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment is rendered again following the pleadings.
Criminal facts
The summary of the evidence and the facts charged by the Defendants and the summary of the evidence recognized by this court are the same as the stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article and the choice of punishment for a crime: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act and Article 319 (1) of the Criminal Act of the Defendants;
1. Punishment to be suspended: Defendant A, a fine of 500,000 won;
1. Detention in a workhouse: Articles 70 and 69 (2) (50,000 won per day) of the Criminal Act of the Defendants;
1. Suspension of sentence: Article 59(1) of the Criminal Act of Defendant A (where this situation is considered in a judgment on the grounds for appeal, it shall be obvious that the situation is shown);
1. Provisional payment order: Defendant B Article 334 (1) of the Criminal Procedure Act;