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(영문) 창원지방법원 마산지원 2017.05.16 2017고정139
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant

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

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. The Defendants jointly carried out as a person in a de facto marital relationship, and jointly carried out the house of the victim E (n, 73 years old) located in Gyeong-gun, Gyeongnam-gun around August 6, 2016, and Defendant A went through an open door to comply with the fact that Defendant A has winded with the victim, and invaded the victim’s residence.

2. Defendant B used the victim’s head debt to take her hand and assaulted the victim on several occasions at the time and place described in paragraph (1) as mentioned above.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Application of Acts and subordinate statutes to the police interrogation protocol to E;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 319 of the Criminal Act (elective selection of punishment);

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319 of the Criminal Act (the point of joint residence intrusion), Article 260(1) of the Criminal Act (the point of violence) and the selection of fines, respectively.

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

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: Article 334(1) of the Criminal Procedure Act

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