beta
(영문) 수원지방법원 안양지원 2014.11.28 2014고정876

폭력행위등처벌에관한법률위반(공동주거침입)

Text

Defendant

A and B shall be punished by a fine of 300,000 won.

Defendant

A and B fail to pay the above fine, respectively.

Reasons

Punishment of the crime

Defendant

A has been in de facto marital relationship with G, a father of the victim E and the victim F, while the lawsuit for division of property has been pending, but in order to photograph the inside of the house for the purpose of sale and purchase of the house in which the victim's husband and wife reside, A sought the house of victims together with Defendant C and Defendant B, the former husband of Defendant C, to photograph the inside of the house.

At around 18:30 on January 17, 2014, the Defendants opened a door from the door door where the victims of H were living in the Chungcheong City, and opened the door to the said house through the door door which opened the door voluntarily to confirm who the victims are, and jointly intruded into the victims’ residence.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statements concerning G and F;

1. Relevant Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, and the choice of fines for negligence

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendant A and B of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;

1. Sentence C: Fine of 300,000 won to be suspended;

1. Defendant C of suspended sentence: Consideration of the background and method of committing the crime for sentencing under Article 59(1) of the Criminal Act (see, e.g., the first offender, the background leading to the crime, the victims, and the receipt of correspondence from the victims), and the receipt of correspondence from the victims after instituting the prosecution, etc.