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(영문) 부산지방법원 동부지원 2014.07.14 2014고정8
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the actual operator of the D Co., Ltd. in Busan Metropolitan City.

1. The Defendant, in collusion with E, F, G, and H, shall jointly resolve to intrude into the residence of the lessees of I apartment and to take out the tools, in collusion with them;

A. On February 27, 2013, at around 07:45, the Defendant: (a) opened a small room 202 unit of I apartment house located in the Busan District CourtJ, and opened a studio door by entering the house; and (b) intrudes into the residence of K, such as the Defendant and F, G, H, L, M, etc. entering the house and leaving the house and leaving the house.

B. On the date mentioned in the preceding paragraph, the above apartment house 203 where the victim N resides in the blue house with a small room door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door for the defendant, F, G, H, L, M et al. and intrude into N’s house,

C. On the date referred to in the preceding paragraph, the above apartment 404, in which the victimO is residing, invaded upon the O’s residence by shouldering the small room windows in elbows and bringing them into the house.

2. During entering the date, time, and place under the preceding paragraph, the injured Defendant inflicted injury on P by drinking the left shoulder of the Victim P (the 49-year old) to approximately 3 to 4 times, resulting in the need for medical treatment between approximately 21 days, such as the soft-in salt, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness P and Q in court;

1. Each police suspect interrogation protocol of E and H:

1. Each police statement made to K, N, andO;

1. Photographs of damaged glass windows;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 319 (1) of the Criminal Act and Article 257 (1) of the Criminal Act;

1. Selection of each alternative fine for punishment;

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

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

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

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