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(영문) 대구지방법원 2019.06.21 2019고정299
폭력행위등처벌에관한법률위반(공동폭행)등
Text

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

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendants in violation of the Punishment of Violences, etc. Act (joint residence intrusion) committed suicide, and around 22:30 on December 2017, 2017, Defendant A entered into a real estate sale and purchase contract with the victim C (year 55) around September 26, 2017, and divided the first race into the victim’s residence in the Daegu Metropolitan City Dong-gu, Daegu Metropolitan City and divided the first race to receive KRW 5 million down payment paid. Accordingly, the victim tried to open the front door to confirm the Defendants, and then opened the front door to close the front door, and went back to the living room after going through the front door.

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

2. The Defendants violated the Punishment of Violences, etc. Act (joint assault) committed a violation on the date and time stated in the above paragraph (1), to prevent the Defendants from entering the said residence at the place, and to prevent the Defendants from entering the said residence, Defendant B kept the victim’s chest by hand, and continued to pushed the victim’s chest by Defendant A’s hand.

Accordingly, the Defendant jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 2 (2) 1 of the Criminal Act, Article 319 (1) of the Criminal Act (the point of joint residence intrusion), Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act (the point of joint violence), the selection of fines for each of the crimes;

1. The former part of Article 37 and Article 38 (1) 2 of the Criminal Act to increase concurrent crimes;

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 of the provisional payment order;

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