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(영문) 대구지방법원 2018.07.27 2018고정364

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A and Defendant B, who are engaged in accommodation business under the trade name of “EM” between husband and wife and Cheongdo-gun D, Cheongdo-gun, Cheongdo-gun, the victim F and G agreed to purchase the H housing from G. However, the victim was in charge of the above housing.

1. Defendants’ intrusion upon their residence

A. On April 4, 2017, at around 19:01, the Defendants came in front of a house managed by the Victim FF in Cheongdo-gun H, Cheongdo-gun, and entered the house with a height of approximately one meter. Defendant A entered the house with a stone, damaged the glass door, removed a shoulder glass window, and entered the room through the entrance, and Defendant B entered the written indictment through the entrance. However, according to the evidence that is seen below, Defendant B entered the room, as it is recognized that only Maari was entered, criminal facts were committed as above.

Criminal facts

1-b and multi-paragraph (c) shall also apply.

Defendants jointly intruded upon the victim’s residence.

B. On April 9, 2017, the Defendants: (a) around 13:30 on April 9, 2017; (b) Defendant A destroyed the right door glass in the above manner; (c) entered the ward through the entrance; (d) Defendant B entered the ward; and (e) the Defendants jointly intruded on the victim’s residence.

(c)

around April 25, 2017, Defendants: (a) opened a board installed in the glass window damaged by the entrance by the foregoing method; (b) enter the living room and room through the entrance; (c) Defendant B entered the ma, and the Defendants jointly intruded on the victim’s residence.

2. The Defendant damaged the property of Defendant A by opening a board owned by the victim at the time, time, and place of the above 1-C (hereinafter referred to as the above), thereby damaging approximately KRW 300,000 in the cost of repair by opening the board.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made by the police with respect to F;

1.The CCTV-cap photographs, fireproof reports (house intrusion photographs), and