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(영문) 대구지방법원 김천지원 2015.07.24 2015고정293

폭력행위등처벌에관한법률위반(공동주거침입)

Text

Defendant

A shall be punished by a fine for negligence of KRW 700,00, and by a fine of KRW 3,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. At around 00:20 on April 3, 2015, Defendant B driven a motor vehicle in the E Spo-type under the influence of alcohol with a blood alcohol concentration of 0.134% at a distance of about 500 meters from the front road of CD located in the front road of the conference.

2. At around 00:30 on April 3, 2015, the Defendants’ co-offendered the Defendants: (a) “F, a security staff member of the instant Section 1, has left the factory,” on the grounds that access to external vehicles was prohibited under the Company Regulation; (b) the Defendants’ internal entry was prevented; (c) the said factory’s rear door was sent back with a corrected door and intruded into the factory.

Accordingly, the Defendants jointly intruded into the above D factory.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. Four copies of the investigation report (Attachment of photographs), four photographs;

1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, and the results of the control of drinking driving;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, and Article 319 of the Criminal Act;

B. Defendant B: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 319 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, the selection of fines for negligence

1. Defendant B from among concurrent crimes: The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment of concurrent crimes resulting from the violation of the Punishment of Violences, etc. which is heavier than the punishment shall be aggravated: Provided, That the lowest sentence of the punishment shall be determined by the crimes of violation of the Road Traffic Act);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act