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(영문) 인천지방법원 2017.03.31 2017고정397
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant and B are the owners of the C commercial building due to the married families, D is the tenant of C commercial building 301, and victim E (n, 47 years old) is the tenant of 302.

1. Around 10:50 on September 16, 2016, the Defendant violated the Punishment of Violences, etc. Act (joint injury) committed an injury on the part of the victim’s dwelling space in Gyeyang-gu Incheon Metropolitan City, 302, by blocking the victim from entering the victim’s house in order to remove soundproofing strawings attached to the windows of the said victim’s dwelling space, and by blocking the victim from entering the victim’s house in the course of forcing him/her to remove the soundproof strings attached to the windows of the said victim’s dwelling space, and causing injury to the victim, such as salt and tension, shoulder, shoulder, and sprink, which require approximately two weeks of treatment.

Accordingly, the defendant, together with B, injured the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) entered the victim’s house room even though the victim took a soundproof door attached to the victim’s windows at the time, time, and place specified in paragraph (1) with B and D, despite the victim’s failure to remove soundproofing rooms attached to the victim’s windows.

Accordingly, the defendant infringed upon the victim's residence jointly with B and D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of some police officers in relation to B or D;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of the statutes governing the photograph of the victim;

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc., Selection of Punishment, etc., Article 2 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury) and Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 319 of the Criminal Act (the point of joint intrusion upon a house), and selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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