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(영문) 인천지방법원 2016.11.09 2016고단4982
폭력행위등처벌에관한법률위반(공동주거침입)등
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Defendant

A shall be punished by a fine of 700,000 won, and a fine of 300,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is currently in progress of divorce litigation due to the victim D(44 years of age, female) and the legal marital relationship, and the defendant B is a person who has a accumulated interest in the victim.

1. On May 12, 2016, the Defendants jointly committed the crime: around 00:04, at the same time, the entrance of the Dong door opened by the victim in front of the Fusle room located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon. Defendant A was shakend in hand by hand, and Defendant B got off the lock door of the lock door and opened the entrance.

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

2. Defendant A’s crime cited a stone that is behind the cosmetic building at the time and place of the above paragraph (1) and broken down four large strings in the beauty room.

As a result, the property amounting to KRW 1,400,000 was damaged.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement related to D and G;

1. The photographic records of the case, including the damage of property, and the report requesting appraisal;

1. Application of the written estimate statutes;

1. Article applicable to criminal facts;

A. Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act (joint residence intrusion point), Article 366 of the Criminal Act (the point of causing property damage) and the selection of fines

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, and the selection of fines

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal 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: (a) there is no history of having been sentenced to imprisonment without prison labor or heavier punishment for the Defendants on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act; (b) an agreement is made with the victims; (c) the background of the instant crime; and (d) the various factors of sentencing

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