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(영문) 대구지방법원 2017.10.11 2017고정1600

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Presumption of Facts] The Defendant is the managing director B who carries out a project related to solar energy and solar energy in Ulsan Metropolitan City, Ulsan Metropolitan City, and C is the actual representative of B, and the victim D was the representative director of the above B.

The Defendant and C voluntarily transferred B to another person and avoided contact.

I think that it is against the victim's will, and tried to resist the victim's residence.

[Criminal facts]

1. On January 13, 2016, the Defendant who intrudes upon his residence, when the said victim was in the joint entrance of the F apartment building A, Daegu-gu, Daegu-gu, Daegu-gu, Seoul-gu, and refused to meet with the Defendant, but the said victim refused to meet with the Defendant, using the open cresh in the joint entrance, intrudes into the victim’s front corridor of the house of the said E apartment building A, thereby leading to the first race of 902, and 365 days from the inside of the said apartment.

“Influenced the victim’s residence,” such as “Influence.”

2. On February 2, 2016, the Defendant and C violated the Punishment of Violences, etc. Act (joint residence intrusion) and the Defendant and C, along with G (the suspension of indictment on the same day) were divided into several parts, 902, by taking advantage of the difference in the common string of the victim’s house A and the front corridor of the victim’s house in the instant E apartment complex A, where the said victim refused to meet with the Defendant and C even though the said victim refused to meet with the Defendant and C at around 22:00.

Accordingly, the defendant invadedd the residence of the victim against the victim's will in common with C.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police with regard to D;

1. A notice of decision on the disclosure of information, a record of recording, a mobile phone closure photograph, and a photograph of closure of dynamic images;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 319 of the Criminal Act regarding the crime, Article 319 of the Criminal Act regarding the selection of a punishment (the point of intrusion upon residence), Article 2(2)1 of the Violences, etc. Act, Article 319(1) of the Criminal Act (joint intrusion upon residence)