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(영문) 대구지방법원 2014.08.20 2014고정1594
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant and B (the suspension of indictment on the same day) are the remaining summary, and the defendant and C (the suspension of indictment on the same day) are the relationship between hyn and hyn.

The husband D of the defendant was in the same activity with the victim E and the F Mountain Association, and the defendant was suspected of having sexual intercourse between D and the victim.

1. On November 17, 2013, the Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) in collaboration with B and C, and came into the house of the victim located in Daegu Northern-gu G on November 17, 2013, and invaded upon the victim’s residence by opening an entrance and entering the said house with a view to securing evidence of sexual relations between the victim and D.

2. The Defendant: (a) in collusion with B and C, followed the said house at the same time and place as the above paragraph 1 above; and (b) committed theft with one electric pantyty, one male panty, one inside a woman, and one stude for suspension, which was inferred as evidence of sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B and C;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc., Article 319 (1) of the Criminal Act, Articles 329 and 30 of the Criminal Act, the selection of fines for a crime;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, where the defendant intrudes on the residence of a victim under the name of securing evidence about the husband's adultery, and the crime of this case, which stolen the victim's goods, cannot be justified as being beyond the limit permitted by legal order. However, the defendant's husband, a husband of the defendant, entered into a non-humanity relationship in the victim's residence, and there are circumstances to consider the fact that the defendant committed the crime of this case in the course of finding evidence for this, and there are circumstances to consider it.

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