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(영문) 대구지방법원 2020.10.14 2020고정933
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant and B are people living in the upper house of the victim C.

1. On January 28, 2020, the Defendant jointly committed the crime with the Defendant and B around 01:37, and on the ground that the victim thought that the victim intentionally saw the noise by intentionally cutting a tent before the victim’s house, the Defendant, at the request of the police officer who was called for a disturbance before the victim’s house and received a report, intruded the victim’s residence by jointly entering the victim’s house with the creshion of the entrance.

2. The Defendant, at the time and place indicated in the above Paragraph 1, committed violence by breathing the victim’s breath, on the ground that the victim’s breaths were made, and assaulted once.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Protocol concerning the examination of suspect B;

1. Application of Acts and subordinate statutes to photographs by internal investigation reports and closure of video images;

1. Relevant Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the Act on the Punishment of Violences, etc., Article 319 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and the selection of fines;

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

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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