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(영문) 수원지방법원 2016.04.27 2016고정644
폭력행위등처벌에관한법률위반(공동주거침입)
Text

Defendants shall be punished by a fine of KRW 200,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

On February 13, 2015, around 19:10, the Defendants entered the first floor where a password corrective device is installed, and jointly intruded on the victim’s residence through the common entrance of the first floor where a password corrective device is installed. On February 13, 2015, the Defendants posted a malicious writing on the Internet car page operated by them and sent a malicious letter to them.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statements made to D;

1. The Defendants: Article 2(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 319(1) of the Criminal Act (excluding punishment)

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

1. Defendants of the provisional payment order: Taking into account the following factors: (a) the Defendants’ reason for sentencing of Article 334(1) of the Criminal Procedure Act reflects on the Defendants; and (b) the Defendants had already been sentenced to a fine by the act of assaulting the victims after intrusion as stated in the facts constituting a crime.

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