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(영문) 의정부지방법원 2013.11.06 2012고단2382 (1)
폭력행위등처벌에관한법률위반(상습주거침입)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant and Co-Defendant C are married couple, and Co-Defendant C is the couple of the above C, and C and D made an investment under the condition that they receive part of the loan when the above G loan was completed, at the time of the new construction of the “G loan” owned by the victim F of Gangwon-gu, the owner of the building, but it was impossible for the owner to recover the investment fund due to the change of the owner. As the above investment fund was not recognized from the victim, the Defendant, C and D occupied the lending owned by the victim to recover the investment fund.

Co-defendant I, around September 24, 2010, rented the above G loan 201 from the victim, had been ordered to leave due to the luxation lawsuit because of the failure to pay rent, with the intention to reside in the above G loan b02, which was undeveloped on the ground that there was no place to move.

The Defendant, together with C and D, habitually from around 10:0 on April 3, 2012 to April 5, 2012, from around 10:00 to around 5, 2012, opened an entrance under the above 101, which was corrected by the key business operator, and invaded into the structure owned by the victim as set forth in the following subparagraphs 1 to 5 of the list of crimes.

Accordingly, the defendant habitually intrudes on the victim's structure.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by Co-defendant C and D before separation in the first trial record;

1. Statement made by the police of the F;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of each crime, frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Article 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes and Article 319 (1) of the Criminal Act (attached Form 1, 2, 3, and 5 shall be added to Article 30 of the Criminal Act)

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.

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