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(영문) 부산지방법원 동부지원 2020.05.13 2019고단2220

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 1.5 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On September 1, 2019, around 22:55, the Defendants violated the Punishment of Violences, etc. Act (joint residence) came to front of E Inngue F where the victim D (18 years of age) was in Busan Shipping Daegu C, and the victim expressed his desire to do so, and the victim did not open the door despite the victim’s opening his door for the reason that the victim did not want to do so. The Defendants sent the said female employee the key to “the person F is his own seal and will receive money, thereby changing the key,” and the Defendants opened the door of the said f.m. after receiving a delivery of the key to the F.m.’s room.

Accordingly, the Defendant jointly intruded on the room occupied by the victim.

2. The Defendants in violation of the Punishment of Violence, etc. Act (joint violence) enter the victim’s place as stated in paragraph (1) and paragraph (1) and paragraph (1) and the Defendant A found the victim who was hidden in the toilet, and found the head from the toilet, and made her hand over the victim’s face and her hand to protect the victim’s face by taking the victim’s body head back from the toilet to the embankment, and her hand out the victim’s face and the victim’s face from the toilet. The Defendants her step back back back to the victim’s face and her step out to the victim’s face, and then her step back to the victim’s side. The Defendant B caused the victim, thereby making the victim her son.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. The statements made by each of the Defendants in the first trial records;

1. Each police statement made to D, G, and H;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the same Act, Article 319 (1) of the Criminal Act (Joint Residence, Selection of Fine), and Article 260 (1) of the Criminal Act (Joint Violence, Selection of Fine) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.