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(영문) 울산지방법원 2020.11.18 2020고정659

폭력행위등처벌에관한법률위반(공동주거침입)

Text

Defendants shall be punished by a fine of KRW 1,500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The Defendants asserted that the victim F, the owner of the above apartment housing E, should carry out roof waterproof construction rather than waterproof construction works, while the Defendants, as the occupants of the D apartment houses in Ulsan-gu, the consent of the sectional owners, was trying to carry out rooftop waterproof construction with the support of the Ulsan-gu Office with the consent of the sectional owners, and there was not consented to the construction works, thereby soliciting the victims to find the residence of the victim.

According to the above conspiracys, the Defendants were unable to resist by entering the place of residence of the victim in Ulsan-gu G around April 29, 2020, when entering the place of residence of the victim in Ulsan-gu G via open gate, and then opening the door door up to the second floor of which the victim lives.

Accordingly, the Defendants jointly intruded upon the victim’s residence.

Summary of Evidence

1. Application of the Act and subordinate statutes to the police investigation report (the CCTVs around the victim's residence), investigation report (the confirmation of recording record of 112) to F of the defendants' statement statement in the court statement F

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 319 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the amount of fine imposed by the summary order on the grounds of sentencing of the above Article 334(1) of the Criminal Procedure Act shall not be deemed to be excessive that the Defendants determined by comprehensively taking into account all the conditions of sentencing, such as the type and time when the Defendants intruded upon the victim’s residence, the motive and background of the crime in this case, the circumstances before and after the crime in this case, the criminal records of the Defendant, and the balance of sentencing with similar cases. Since there is no change of circumstances