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Reasons
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(영문) 인천지방법원 부천지원 2016.10.06 2016고정118
폭력행위등처벌에관한법률위반(공동주거침입)등
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A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 21, 2015, the Defendant and C violated the Punishment of Violences, etc. Act (joint residence intrusion) opened an outer gate and entered the new gate, which was not set up on the ground that they were in the house of the victim E, Da 603, Seocheon-gu, Seocheon-gu, Seocheon-si, Da 603, and were in the house of the victim E.

Accordingly, the defendant and C violated the victim's residence jointly.

2. Violation of the Punishment of Violences, etc. Act (joint destruction and damage, etc.) and the Defendant and C have broken off, in their hands, the amount equivalent to 40,000 won at a toilet shock net market without opening indoor doors in order to prevent the entry of the same time, place, G, etc. in the same room;

Accordingly, the defendant and C jointly damaged the property owned by the victim E.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Statement made by witnesses E in the second protocol of the trial;

1. Statement made by witnesses G in the third protocol of trial;

1. The statements of witnesses F and C in the fourth trial records;

1. Protocol concerning suspect interrogation of C;

1. Statement of each police statement of G and E;

1. Written estimate;

1. Application of Acts and subordinate statutes to each photograph (as stated in the facts constituting a crime, it can be sufficiently recognized that the Defendant destroyed and damaged the shock net, in full view of each of the above evidence, including the witness H and I’s statement at the scene at the time of the instant case.)

1. Article 2(2) and (1)1 of the Act on the Punishment of Violences, etc. (Amended by Act No. 13718, Jan. 6, 2016); Article 319(1) of the Criminal Act; Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 366 of the Criminal Act; Article 366 of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016); each choice of fines

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;

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