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(영문) 창원지방법원 2016.05.25 2016고단267

폭력행위등처벌에관한법률위반(공동주거침입)

Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

On August 31, 2015, at around 11:00, the Defendants jointly entered the apartment house C, which became up to 108 in Kimhae-si, Kimhae-si, via open door when the residents of the above apartment were waiting to enter the house in front of the entrance, and intruded into the dwelling of the above apartment house 1305, which is the house of the victim D,.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 2016; Act No. 319(1) of the Criminal Act concerning facts constituting an offense

1. Article 59(1) of the Criminal Act of the suspended sentence (i.e., the Defendants without a previous conviction or a suspended sentence for the same kind of crime, the motive of the crime, the degree of damage, and the Defendants’ reflectiveness);

1. Each fine of 300,000 won to be imposed on the suspension of sentence;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act, each of the detention in a workhouse;