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(영문) 대구지방법원 2017.08.10 2016고단421

특수절도등

Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant A is currently in a divorce lawsuit as the wife of the victim D, and Defendant B is a victim D.

1. On June 10, 2014, Defendant B violated the Punishment of Violences, etc. Act (joint residence intrusion) stated that the written indictment of this case against the victim D in Sacheon-si E between 14:00 and 15:00 on June 10, 2015 is managed by the victim H, but as examined thereafter, H is not recognized as the occupant of the above hospital.

However, in light of the progress of the hearing of this case, the Defendants recognized the fact of intrusion into the above hospital owned and managed by the victim D, and there is no risk that such recognition would result in disadvantages to the Defendants’ exercise of their rights to defense. Thus, the facts of the crime shall be modified ex officio.

In this operation, “F Council member,” without the above victim’s permission or consent, fire extinguisherss under the toilet entrance entrance of the above hospital attached to the above hospital, and enters the reading room of the above hospital, and Defendant A also entered the above hospital with Defendant B.

Accordingly, the defendants jointly intruded the victim's structure.

2. On June 20, 2015, the Defendants violated the Punishment of Violences, etc. Act (damage, etc. to joint property) removed the locking device owned by the injured party G from the said hospital operated by the injured party at around 19:10 on June 20, 2015.

Accordingly, the defendants jointly damaged the victim's property.

3. On June 20, 2015, the Defendants violated the Punishment of Violences, etc. Act (joint residence intrusion) (hereinafter referred to as “the Defendants”) had the said hospital remove the locker from the said hospital at the time stated in paragraph 2, and entered into the said hospital without obtaining the victim’s permission or consent.

Accordingly, the defendants jointly intruded the victim's structure.

4. June 22, 2015