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(영문) 광주지방법원순천지원 2020.10.21 2020고정126

폭력행위등처벌에관한법률위반(공동주거침입)

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

As a mother-and-child relationship, in order to obtain a loan from the Defendant B as security of the said apartment unit D, the Defendants called the transfer to the victim E who moved in the above apartment unit from the Defendants to the victim E who was living in the above apartment unit, but the victim was dissatisfied with this.

On December 19, 2019, at around 22:00 on December 19, 2019, the Defendants made a false statement that “the passbook is opened several times,” and the Defendant A forced the opening of the entrance door into the front door and forced the opening of the victim, and the Defendant B demanded that the victim move to the front door of the living room and move to the front door.

Accordingly, the Defendants jointly invaded the victim’s residence.

Summary of Evidence

1. Defendants’ respective legal statements

1. A damage statement prepared in E;

1. A report on the occurrence of a crime (personal intrusion) (the defendant entered the victim on the day of the instant case by opening the door and entering the door, and it is alleged that the victim did not enter the victim by force as shown in the facts charged. However, the victim stated that the defendant A was sealed, and the defendants entering the house did not have 30 minutes of the demand for evacuation, and reported to the police. In fact, the police officer called the victim's report to the scene, and the defendants went out of the victim's house, and the defendants went out of the victim's house. The defendants also called the "pass" before the victim's house on the day of the instant case. The time of the occurrence of the instant accident (10 hours at night) and the defendants went into the victim's house (30 minutes at night, etc.) and did not intrude the victim's residence against the victim's intent, such as the facts charged.