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(영문) 서울서부지방법원 2020.06.23 2020고단445
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant

B A shall be punished by a fine of 4 million won and by a fine of 1.5 million won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. At the time of July 21, 2019 between the parties, Defendant A and Defendant B were living in their parents’ house and protected their children by the right to care for their children C (age 6) and D (age 2).

E and F are the parents of Defendant A, and G are the private villages of Defendant A.

2. Defendant A

A. A. On July 21, 2019, the Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) around 13:30 on July 21, 2019, the Defendant came into the residence of the victim B of the H apartment I and Yongsan-gu Seoul, Yongsan-gu, Seoul, and came into the residence of C and D, and F was waiting in the parking lot and waiting in the said apartment, and entered the said apartment into the stairs of the first floor emergency exit along with E and G.

Accordingly, the defendant infringed upon the victim's residence jointly with E, G, and F.

B. The Defendant, at the same time and place as Paragraph (a) of this Article, dumpeded the door-to-face of the victim’s left shouldering part of the victim’s face, by dumping the door-to-face presses (or devices that cover the tear amount) which are dangerous objects to the victim’s face.

In this respect, the defendant carried dangerous objects and assaulted the victim.

3. Defendant B suffered the victim’s face from the victim E’s hair at the time, time, and place of the same as that of paragraph 2, and suffered injury to the victim, i.e., taking the victim’s face into consideration two times due to drinking, Defendant B suffered approximately six weeks of treatment, and suffered injury, i.e., taking the victim’s face into consideration.

Accordingly, the defendant injured the victim who is a lineal ascendant of the spouse.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police officer's interrogation protocol on B, A, E, G, and F;

1. Investigation report (CTV verification result);

1. Investigation report (Submission of diagnosis report and written application for coal, etc. by the E);

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act (joint residence intrusion point), Article 261 of the Criminal Act, and Article 261 of the Criminal Act;

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